wtmx a
m
11 Jinmamt,
mb MwTftfytanQL
Sra
National Library of Scotland
*B000069914*
/
THE BROWISTS OF FORDELL.
:
o o
y
MEMORIALS
OF THE
BROWNS OF FORDELL
FINMOUNT AND VICARSGRANGE
BY
ROBERT RIDDLE STODART
AUTHOR OF "SCOTTISH ARMS," ETC.
EDINBURGH ~ V
Privately Printed by T.& A. Const able, Printers to Her Majesty at the University Press
MDCCCLXXXVII
Digitized by the Internet Archive
in 2012 with funding from
National Library of Scotland
http://www.archive.org/details/memorialsofbrownOOstod
y^u
*c '
?+s
^^f .
./ .
-
>
Co m? Iftingffolft
THE DESCENDANTS OF
MR. JOHN BRODNE,
MINISTER OF THE GOSPEL AT ABERCORN, 1700-1743, AND CHAPLAIN TO THE RIGHT HONOURABLE JEAN, LADY TORPHICHEN,
C^ege Genealogical ittemoriaw,
THE COMPILATION OF WHICH HAS BEEN
A LABOUR OF LOVE
EXTENDING OVER MANY YEARS,
&re fcetitcateti tig
E. R. STODAET.
CONTENTS.
BROWN OF FORDELL, Etc.,
Arms, .... Origin, ....
I. William, . II: Adam, of Carchrony,
III. Adam, in Ayrshire,
IV. Sir John, Sheriff of Aberdeen, V. John, of Midmar, .
VI. John, ,, VII. George, „ VIII. George, Bishop of Dunkekl, VIII. (2) Richard, first of Fordell, IX. Robert, of Fordell, X. John, of Fordell, . . XI. John, younger of Fordell, . XII. John, of Fordell, .
XIII. Sir John, of Fordell and Rossie,
XIV. John, of Fordell and Rossie, XIV. (2) Antonia, of Fordell and Rossie
1 1
o o
2
2
4
5
8
9
14
15
16
21
24
26
44
44
Vlll
CONTENTS.
PAGE
BROWN OF FINMOUNT, Etc., . . \ . 49
XI. David, of Finmount, . . . . . .49
David, of Vicarsgrange, ...... 49
David, „ . . . . .50
John, „ . . . . 50'
XII. Eobert, of Finmount, ...... 54
XIII. Captain David, of Finmount, ..... 55
XIII. (2) Mr. James, Minister of East Calder, .... 57
XIV. George, of Finmount, . . . . .59 XV. [XIV. (2)] Mr. John, Minister of Abercorn, ... 59
XIV. (2) David, of Golf Hall, .62
XV. John, „ ... . . . .64
XVI. David, of Grecnknowe, . • . . . . 66
XVII. John, „ ....... 70
XVII. (2) Andrew Cassels, of Freshfield, .... 70
XVIII. Rev. James Cassels, . . . . ... 71
XV. (2) Mr. James, Minister of Melrose, and of New North, Edinburgh, 71
XVI. (2) Rev. James, Minister of Newbattle, . . ... 75
XVII. (3) James, C.A , . . . . . . .79
XVIII. (2) James Adam, C.A., . . . . 81
APPENDIX of Notes and Proofs, ...... S3
Brown of Fordell, etc., .....
Brown of Finmount and of Vicarsgrange, . . . .147
Brown of Golf Hall, ....... 181
Drummond of Pitkellony, . . . . . .189
CONTENTS.
IX
|
APPENDIX:— . |
|||
|
PAGE |
|||
|
Tod of Kirklands, . . . . .191 |
|||
|
Somerville of Airhouse, |
192 |
||
|
Lundin and Brown, .... |
194-5 |
||
|
M'Kerrell of Hillhouse, |
196 |
||
|
Coutts of Coutts, .... |
199 |
||
|
Coutts of Ochtercoull, .... |
200 |
||
|
Coutts of Eedfield, .... |
202 |
||
|
Coutts of Edinburgh and London, |
203 |
||
|
Coutts of Grange and Pitteucliar, |
207 |
||
|
Colt of Inveresk and Gartsherrie, |
206 |
Marriage-Contract of Sir John Brown of Fordell and Marie Scott,
208
ILLUSTRATIONS.
VIEW OF ABEKCORN PARISH CHURCH, by J. H. Lorimer, A.R.S.A., Frontispiece
MURAL TABLET, showing connection between Arnot of that Ilk,
and Brown, a.d. 1628, ...... page 48
BOOKPLATE OF DAVID BROWN of Golf Hall, .... 64
VIEW OF ABERCORN MANSE FROM CHURCHYARD, by H. C. Lorimer, 81
MURAL TABLET, for Arnot and Brown, a.d. 1632, . ... 82
GROUP OF SIGNATURES (Scott, Brown, Dunlop, and Mure), . . 142
ARMORIAL ESCUTCHEONS -.—
George Brown, Bishop of Dunkeld,
Brown of Colstoun,
Balbirny of that Ilk,
Arnot of Balbarton,
Scott of Balwearie,
Melville of Raith,
George Brown, Provost of Dundee (for Brown of Horn),
Adamson of Craigcrook, ....
Lindsay of Balcarres, Lord Menmuir,
Sir Francis Willoughby,
Dunlop of that Ilk, ....
Macgill of Rankeillor, ....
Douglas of Pompherstoun,
Mr. David Williamson, Minister of the West Kirk,
Watson, Edinburgh, ....
facing page 1 7 8
15 16 17 18 21 24 41 44 54 58 60 64
ILLUSTRATIONS.
XI
|
AEMOEIAL ESCUTCHEONS :— |
|||||
|
Cassels of Greenknowe, ...... facing page 67 |
|||||
|
Sir Eobert Christison, Bart.. |
68 |
||||
|
Stodart of Kailzie, |
69 |
||||
|
Von Corvin Wiersbitzki, |
77 |
||||
|
Eattray of that Ilk, |
92 |
||||
|
Dundas of Fingask, |
94 |
||||
|
Foulis of Colinton, |
97 |
||||
|
Lundin of Conland, |
101 |
||||
|
Murray of Byn, etc., |
101 |
||||
|
Erskine of Innerteil, |
113 |
||||
|
Galloway, Lord Dunkeld, |
122 |
||||
|
Barclay of Collairny, |
141 |
||||
|
Mure of Eowallane, |
142 |
||||
|
Guthrie of Hawkertoun, . |
145 |
||||
|
Wemyss of Foodie, . |
163 |
||||
|
Inglis of Kingask, . |
167 |
||||
|
Crokat of Johnstounburn, . |
183 |
||||
|
Broun of Johnstounburn, . |
184 |
||||
|
Drummond of Pitkellony, . |
189 |
||||
|
Lundin of Auchtermairny, |
195 |
||||
|
M'Kerrell of Hillhouse, . |
199 |
||||
|
Coutts of Pitteuchar, |
207 |
1. Stewart of Sticks.
2. Halyrurton.
3. Boswell of Balmuto.
4. Masterton of Masterton Beath
5. Graeme of Inchbrakie.
6. Lord Melville.
7. Lumsden of Conland.
8. Bruce of Rennet.
Between pages 220 cmcl 221.
9. Oliphant of Gask.
10. Montgomery of Skelmorlie.
11. Hamilton of Gilkerscleuch.
1 2. Bruce of Wester Abden.
13. Clark of Balbirny, etc.
14. Alexander of Skeddoway.
15. Parish, Baron Seftenberg.
16. Sandford of Sandford.
Xll
ILLUSTRATIONS.
17. Anderson of Halyards.
18. Brown of Ashley.
19. Stothert of Cargen.
20. Hay-Gordon of Avochie.
21. Hill of Lambhill.
22. Buchanan of Arden.
23. Mackenzie of Tarbat, 1528.
24. Mackenzie of Tarbat, circa 1673.
25. Mackenzie, Earl of Cromartie.
26. John Brown of Hinginsyde.
27. Thomas Brown of Eastfield.
28. Thomas Brown of Bonnytoun.
29. Robert Brown of Long Itchington.
30. John Brown, Copenhagen.
31. Mr. Richard Brown, Thorny dyke.
32. Sir George Brown, G.C.B.
33. Rev. Robert Brown-Borthwick.
34. Bkowne of Colstoun.
35. Browne of Blackburne.
36. Brown of London and Dantzic.
37. Brown of Ellieston.
38. Brown of Newhall.
39. Brown of Waterhaughs.
40. Brown of Eccles.
41. Forsyth-Brown of Whitsome-Newton.
42. Dennistoun-Brown of Balloch.
43. Brown, now Trotter, of Horton Place.
44. Broun-Morison of Finderlie.
45. Earl of Castlehaven, Baron Audley.
GEORGE BROWN,
Bishop of Dunkeld 1484-15 14.
Sable, a Cheveron between three Fleurs-de-lis argent. (Illumination in Myln's "Lives of the Bishops of Dunkeld.")
:coir ; rERCiisoN kdihburcm
THE
FAMILY OF BROWN OF FORDELL,
COUNTY OF PERTH,
ITS ANCESTOES AND DESCENDANTS.
ARMS.
JZURE, a cheveron between three fleurs-de-lis or — Nisbet's Heraldry and Books of Funeral Escutcheons in the Lyon Office. In one of the latter the cheveron is engrailed. The field in the arms of Bishop Brown, as illuminated in Myln's Lives of the Bishops of Dunkeld, is sable, and the charges argent. Sir Robert Forman, Lyon King of Arms, in his Roll of Arms sent to Queen Mary before her arrival in Scotland, says — "Gules, a cheveron between three fleurs-de-lis argent." Neither at Fordell nor Finmount are there any representations on stone of the bearings of their owners of the surname of Brown; and the churches and burial-grounds at Arngask and Kinglassie, the parishes in which these estates are situated, contain no monuments to members of the family.
ORIGIN.
This family is descended from ancestors settled in the north of Scotland at a very early period, also holding lands in the counties of Ayr and Berwick. Although the charges on their shield are the same as those carried by the Brouns of Colstoun in East Lothian, the tincture of the field is different, and no community of origin has been proved. Richard Brun sat on an assize at Elgin, of which place
A
2 HISTORY OF THE FAMILY OF
he was an inhabitant, in 1261. There is no evidence to connect him with the family of which we treat.
I. William Brun witnessed a charter of Donald, Earl of Mar, 1272-1294.
II.1 Adam Brown was killed in 1298, at the battle of Falkirk. He held the lands of Carchrony, in Aberdeenshire, from the Bishop of Aberdeen. In 1265, William Cumyn of Kilbryde, Sheriff of Ayrshire, charges payments made to Adam de Bruning, going to Ireland on the King's business.
III. Adam Brown held lands in the county of Ayr, which, on his forfeiture, were granted to William Lindsay, canon of Glasgow, by Robert I., 1306-1329. The same king confirms the gift of Adam Brown to the altar of St. Michael, in the parish church of Ayr, and grants the lands of Aughindraive, in that shire, forfeited by Robert Broun, probably son or brother of Adam, to Henry Annan. In 1328-29, Henry Brounyng, or Henry filius Bronyng, appears in the Chamberlain Rolls as one of the household of the Queen, deceased.
IV. Sir John Brune, Sheriff of the county of Aberdeen, 1328, and farmer of the burgh of Fyvie.2
1333, June 4. — Dominus Johannes Brune, miles, is foreman of an assize at Aberdeen, to consider the claim of Reginald de Rane to the lands of Ledintoscach and Rotmase.3 Shortly before this he witnessed a charter of Donald, Earl of Mar, who died in 1332. Sir John had a charter of the thanedom of Formartine, in the county of Aberdeen, from Robert the First. He also possessed the lands of Terpersie. The last of the Raciones ad informandum perambulatores limitum inter terras episcopi Aberdonensis et domini de Forbes is, " Item, Ser Jone Broun, knycht, held quhilom the landis of Tirepressy, of the bischope and the kirk of Aberdene, and that time he had his shepcotis and
1 The earlier generations of the pedigree are 2 Exchequer Rolls of Scotiand, clxxxi, 107,
numbered consecutively for convenience, but the 355, 419. filiation is not proved. 3 Eegist. Aberdonense, i. 53.
BROWN OF FORDELL. 3
scheperdis housis apon the landis of Lurgyndaspok, as pertenancez of the landis of Tirepressy."1
1333, July 3. — Gift by Sir John Brown, of seven acres of arable land, near Perth, in pure and perpetual alms, to the Friars of the Order of Predicants there, for their performance of an anniversary for the souls of the donor, his son, who lies buried with them, and of his successors, to the latest generation.2 One of the witnesses to this deed is Sir David de Mar. The frequent occurrence of the names of members of the house of Mar along with those of this family is remarkable, and seems to indicate a relationship. According to an old pedigree, produced in evidence in the claim to the earldom of Mar, now (1872) before the Committee of Privileges, Sir James (? Andrew) de Garioch was grandson and one of the heirs of Gratney, Earl of
Mar, and married Jane, daughter of Broun of Blandrue, by whom
he had an only child, afterwards wife of Stephen Johnston.3
Sir John, then designed John, son of Adam Bruning, purchased the lands of Gillandriston, in Garioch, from Agnes, daughter and heir of Sir Peter de Morthington, for three hundred and sixty marks, in 1321. Sir John Brown had, at least, four children.
1. Richard Broun — took part in the conspiracy of Lord Soulis and the Countess of Strathearn ; was condemned to death by the Black Parliament of Perth, and, along with David Lord of Brechin, Sir John de Logie, and Gilbert Malherb, drawn at the tails of horses through the streets of that burgh to the place of execution, where they were hanged, their hearts taken out, and their bodies dismembered, in August 1320. Robert the Second grants a charter of the forfaultrie of Adam de Paxton and Richard Broun, within the county of Berwick, to John de Roos and John Lyoun.4 In a charter by Robert the First to Sir Robert Boyd, of the barony of Kilmarnock and other lands, Richard Brune is mentioned as holding lands within that barony.5
1 Regist. Aberdonense, i. 248. 2 Book of Perth, p. 9.
3 Minutes of Evidence in Mar Peerage Case, p. 577.
4 Peg. Mag. Sig., Rot. v. 131. 6 Ibid. Rot. i. 46.
4 HISTORY OF THE FAMILY OF
2. David Brown of Glendristona. In 1360, Alexander, Bishop of
Aberdeen, on the resignation of David, son and heir of the late Sir John Brown, grants a charter of the lands of Carchrony to Thomas Nory, afterwards Sheriff of Aberdeenshire, 1382- 1391, near kinsman of David, being great-grandson of Adam Brown, who died at the battle of Falkirk fighting for the freedom and rights of the Church.1 In 1374 Williarn, Earl of Douoflas, had a charter of the forest of Cabrauche, half of the lands of Auchmayre, etc., in the shire of Banff, on the resigna- tion of David Broune of Glendristona.2
3. John, of whom after.
1. Emma, married John de Softelaw, and had issue. In July 1363, she, with consent of her husband and her brothers, David and John, sells lands in Aberdeen.3
V. John Brown, of Midmar, in the county of Aberdeen, is a party to the sale by his sister in 1363. In 1368 he had a suit with Bobert de Umfraville, regarding which, Parliament, then sitting at Scone, inter- vened, and the Earl of Mar and Sir Duncan Wallace became sureties for Brown.
Numerous Browns, many of them churchmen, appear in Aberdeen- shire after this date, all through the fifteenth century, and it seems likely that they descended from Sir John, the sheriff. In 1418 John Broun sits on an assize at Rayne ; 1424, John Broun witnesses a charter of Sir Alexander Forbes at Aberdeen; 1439-1441, John Broun of Kennate is a witness at Aberdeen to charters of Bobert, Earl of Mar, by whom he is designed armiger noster ; 1446, John Bron of Crabiston, near Aberdeen, sits on an assize ; 1468, John Broune was sacristan of the cathedral church of Aberdeen, and while he held that office a
1 Regist. Aberdonense, i. 87. See Appendix. dead in 1418, leaving three daughters and co-heirs
The Nory family, like the Browns, came from under age, Katherine, Margaret, and Isabella, of
Berwickshire. In 1'296 Richard Norreys did Carchrony.
homage to Edward the First. Thomas, in 1357, 2 Reg. Mag. Sig., Rot. ii. 47. Antiquities of
witnessed a charter at Aberdeen. Thomas Nory Aberdeen and Banff, vol. i. p. 615. See Appendix, of Carchrony, or Calquhorny, son of the sheriff, 3 Regist. Aberdonense, ii. 2S3. See Appen-
died in 1400, leaving a son, William, who was dix.
BROWN OF FORDELL. 5
candelabrum for the great altar was lost; 1462, Mr. Thomas Broun, vicar of Prameth ; 1476, Mr. Thomas Broun witnesses a charter at Inverury, by John Ross, a burgess of that burgh, to Mr. Richard Forbes, deacon of Aberdeen; 1502, David Broun, vicar of Edzell, gives £'40 to the vicar and chaplain of the choir of Aberdeen Cathedral, to sing masses for the welfare of his soul ; 1473, John Brone, clerk, is a witness to charter of William Scherar, burgess of Aberdeen, to Mr. Thomas Ednam, canon of Aberdeen, signed at Aberdeen; 1487, George Broun witnesses a charter at Aberdeen, by which Willelmus Kyntor and Eliza- beth, his spouse, sell an annualrent to Mr. Duncan Scherar, prebendary of Clat and canon of Aberdeen ; 1486, Nicholas Brown, a Friar Predicant at Aberdeen ; 1499, James Brown, deacon, one of the witnesses to a charter granted by William, Bishop of Aberdeen, at Aberdeen ; at the visitation of the jewels of the cathedral church held in 1500, a ring of gold is mentioned as being in his possession, but he had restored it before the visitation in March 1503.
In 1511, four of the name, James, William, Angus, and another, appear as holding lands in Knockespock.1
The name continues very common in the upper part of Deeside : " From Coilacreach to Monaltrie the Browns held almost as complete a monopoly of the holdings under Invercauld, as the Gordons on the other side of the river under Abergeldie," half a century ago.2
VI. John Brown of Midmar, by charter dated at Dundee, 31st May 1422, granted to Patrick, son and heir of Alexander de Ogilvy, Sheriff of Angus, his barony of Migmar in the shire of Aberdeen, " pro multiplicibus beneficiis et pro consilio auxilio et favore . sibi sepius temporibus retroactis gratanter impensis," to be held by him, his successors and assignees, " a dicto Johanne de Rege in feodo." 3
In or before 1412, John Broune de Migmare had resigned the lands of Petlyale, in the barony of Lundy, near Dundee, in the hands of his superior, Archibald, Earl of Douglas, who granted them by charter,
1 Antiquities of Aberdeen and Banff, passim ; Regist. Episc. Aberdeen.
2 Deeside Tales. 3 Reg. Mag. Sig. ii. 115.
6 HISTORY OF THE FAMILY OF
27th September 1412, " consanguineo suo Patricio de Ogilvy, scutifero pro ejus servitio."1
The absence of records makes it impossible to give a more complete account of the successive owners of Midmar ; the present proprietor has no titles older than 1670.
Soon after John Brown parted with the lands of Midmar, several of the name are found as men-at-arms, or archers, in the celebrated Guard of the kings of France, who had the rank of gentlemen, which most, perhaps all, of them were by birth. From their Christian names, there can be no doubt that some of them belonged to his family.
It is known that Robert Pittilloch raised recruits for the French service in the neighbourhood of Dundee, particularly in 1423-24, and it is probable that these Browns were among them. The muster-rolls are incomplete, so we cannot fix the date of their arrival. Pittilloch, himself, went over in or before 1419 ; he held a command in 1444, in the campaign of the Dauphin against the Swiss, and his brother was killed when Dambach was carried by assault. In 1448 he is designed Senechal, and commanded the Hommes d'armes d la grant paye, among whom was Joe Brone, while at the same time Adam Bron was an archer. Pittilloch had letters of naturalisation in 1452, and was known as le petit roi de Gascogne. In 1458, Robert Pettillo de Clermont was one of the ambassadors accredited by James ii. to the Kings of France and Castille, and as Commissary to the Pope. He held the lordship of Sauveterre, near Comminges, which reverted to the Crown on his death in 1460.
There follow in the muster-rolls of the name of Brown, usually spelt Bron, once or twice Brom, Brun or le Brun, Kobert, 1449-50 ; John, 1449-57; Thomas, 1450-51; Dou£, Doust, or Douot, 1450-58; Bron de Mahomian, 1450-51. Richard joined in December 1450, was allowed £82, 10s., to buy two horses; a payment of £120 was made after his death, being seven months' pay ; he is described as Richard Bron nagueres archer de la garde du Roy nostre Sire, lequel par accident de maladie et pour son ancien aage est alle de vie a tripos en la ville
> Reg. Mag. Sig. ii. 113.
BROWN OF COLSTOWN.
Sable, three Boar's Heads couped argent. {Illuminated MS. of Sir David Lindsay, Lyon King oj Arms.)
SCOT! & f£RCU30H EDINBURGH
BROWN OF FOKDELL. 7
d' Orleans environ la fin du mois d'Avril 1466. William, 1459-87, was for a time Garde des Paillasses; Andrew, 1469-73; Adam, James, Jean de Barbune, and Jean de Saint Sever, all in 1469 ; John, 1494 ; Robert and Alexander, the same year, served in the Italian war ; George, 1496-1501 ; David, 1498; Robert, 1502-33; Patrick, 1504-16. Later there are, another Patrick, 1550; Laurence, 1554; and Richard, 1633. John, Adam, Richard, Robert, George, and David are family names in the line of Browns now being traced ; and it is to be observed in going over the rolls contained in Mr. Forbes Leith's interesting volumes, from which these facts are taken, that there is to some extent a hereditary character in the succession to the post of men-at-arms or archers, just as prevailed in so many civil and military offices in France. One member of the Guard dies or retires, a namesake takes his place ; frequently joining before his death, induced by the success of an uncle or cousin to follow the same career.
I have failed to trace any Scotch family of Brown as established among the gentry in France; and the Browns who were, in 1878, allowed to assume the designation de Colstoun, descend from an emigrant from the neighbourhood of Musselburgh, who settled in Denmark before the middle of the eighteenth century. Charles le Brun, the painter, ennobled in 1662, bore — azure, a fleur-de-lis or, on a chief sable a gem of the second. The family of le Brun de Champignolles at de Dintaville, bore — gules, three thistles in flower or, which may indicate Scotch origin. In 1728, Thomas Broun, an officer in the French army, had a genealogy and certificate of arms from Alexander Brodie, Lyon. He was a son of William Broun of Minton, in Kirkcudbright, by Agnes Herries, of the Mabie family, and bore — argent, on a cheveron gules, between three fleurs-de-lis azure, as many thistles or. The Counts Brune de Mons, now in Nassau, but originally from Touraine, carry gules, three spear-heads (or rather fleur-de-lis without the side leaves) or. The Brunes in Champagne bear a boar's head — an old bearing of the Colstoun family — as one of the charges in their coat ; the blazon is azure, a cheveron between two mullets or, and the boar's in base proper.
8 HISTORY OF THE FAMILY OF
VII. George Brown, son of the Baron of Midrnar, was treasurer of the royal burgh of Dundee, and married Johanna Balbirny, of an ancient family which took its name from their lands in the parish of Markinch and shire of Fife. David Balbirny was sub-chanter of Dunkeld while his cousin, George Brown, was bishop, and is described as devout, affable, and a pleasant companion. He made gifts to the altar of St. Stephen, and founded an anniversary. The accounts for the building of the bridge at Dunkeld mention the purchase of a horse for fifteen merks from David Balbirny. George Balbirny was Serjeant of Dunkeld. Johanna Balbirny had a sister who married another Brown, probably a relative, but not a brother, of the treasurer of Dundee, and had at least two sons, David Brown, prebendary of Feme, and Mr. George Broune, chancellor of Dunkeld, rector of Kinnell, and chamberlain of the Archbishop of St. Andrews, James, Duke of Ross. They are called by Abbot Myln cousins of the bishop, being children of sisters. Mr. George, who died suddenly at an early age, is described in very laudatory terms by Myln, who narrates his gifts for pious and educational purposes. He, when parson of Feme, had, along with John Broun, Abbot of Melrose (his brother ?) a tack of the teinds of Saline from the Chapter of Dunkeld, as to which there was a suit in 1490.1 It is remarkable that this Abbot of Melrose has been omitted in Spottiswoode's Religious Houses, the Ghartulary of Melrose, Morton's Monastic Annals of Teviotdale, Wade's History of Melrose Abbey, and not mentioned in any work I have referred to. In 1480 there is a judgment of the Lords of Council, ordering Johne of Balbirny and David Broune to pay certain sums of money owing by them to a merchant of Bruges. Early in the sixteenth century the main line of the family of Balbirny ended in an heiress, Margaret, who married into the family of Seton, and was dead 26th July 1559, when her son, Alexander Seton, was served heir- special to her in half of Balbirny.
George Brown, and Johanna, his wife, had issue —
1. George, Bishop of Dunkeld.
2. Richard of Fordell.
3. (?) James, Dean of Aberdeen, and Canon of Dunkeld, 1493-1503.
1 Acta Dominorum Concilii, p. 150.
BALBIRNY OF THAT ILK.
(County Fife.)
^e-e-
Vert, a Fess chequy argent and azure between three Corslets of the second, on a chief of the last three Buckles of the third.
(Illuminated MS. of Sir David Lindsay, Lyon King of Arms, 1542. )
scon a FERGUSON EDINBURGH
BROWN OF FORDELL. 9
1. ■ married Feme, and had George Feme, Archdeacon of
Dunkeld, one of the persons to whom Myln dedicates his Lives, calling him " reverende memorie Georgii Broune episcopi ex sorore nepoti ;" he was present at the death of his uncle, and is said to have been distracted with grief.
2. married Johnesoun, and had a daughter, Matilda, who
married, first, Sir John Rattray of that Ilk, county Perth, after whose death she was carried off to the hills and detained a prisoner by John Stewart of Sticks, county Perth, whom she afterwards married. He was son of Sir John Stewart of Sticks, natural son of James the Second. The Earl of Athole, who had married her step-daughter, Grizel Rattray, tried to obtain possession of the entire estates of the Rattray family, in which he partially succeeded, and caused his brother-in-law, Patrick Rattray, to be murdered in the chapel at Kynballoch. He excited the anger of Bishop Brown by refusing to cause his niece to be released.
Andrew Broune, perhaps of the same family, was commissioner for Perth in the Parliament held at Edinburgh, 1503.
VIII. George Brown, Bishop of Dunkeld, replaced his family in the rank of large landowners by a grant of Fordell to his brother. Myln describes him as " Georgius Browne ecclesice Aberdonensis Cancellarius ac Rector de Tynynghame : Dunde ortus, patre Georgio Browne bargi thesaurario, domini de Mydmar filio, Johanna Balbirny matre."
He was born at Dundee 1438-39, studied at St. Andrews and graduated at Paris, and, returning, was one of the regents of the College of St. Salvator. Having been ordained 26th May 1464, he was chancellor of the diocese of Aberdeen and rector of Tynynghame in East Lothian, and was sent by James the Third on a mission to Rome in 1483, to obtain the Pope's recognition of Mr. George Carmichael as Bishop of Glasgow, and when there became intimate with Roderic Borgia, then a bishop and vice-chancellor to his Holiness, afterwards himself Pope as Alexander vi. The bishopric of Dunkeld having fallen vacant, Borgia
B
1 0 HISTORY OF THE FAMILY OF
used his influence successfully with Sextus iv. in favour of his friend, who was chosen bishop, and consecrated at Rome in the Church of St. James of Spain, 1484.
This arrangement was highly displeasing to the King of Scotland, who had nominated to the see his Clerk of the Rolls and Register, Alexander Inglis, Dean of Dunkeld and Archdeacon of St. Andrews. William Schives, Archbishop of St. Andrews, and other envoys, were despatched to Rome in May 1485, with directions that they " sail schew to our said holy fader the Paip, in the name of our souveran lord, how his hienes has divers tymez writin and maid supplicacioun baith to our haly fader and his predecessor for the promocioun of his tender clerk and counsalor, Maister Alexander Inglis, dene and elect of the bischoprik of Dunkeld, to the bischopric of the samyn, and do all the diligence possible for his said promocioun, . . . and that thai sal schew and declare deter- myntly to our said haly fader that our souveran lord wil not soffre Maister George Broune nor nane utheris that has presumyt to be pro- movit to the said bischopric of Dunkelde contrar our souveran lords mynd will and speciale wryting, to have ony possessioun of the samyn ; and that ther be new speciale lettrez of our souveran lord under prive sele direct to our said haly fader of consent and delivrance of his thre estates yit as of befor for the promocioun of the said maister Alexander ... as said is, and to Retrete and Reduce the pretendit promocioun maid to the said maister George."1
Brown was in his absence declared a rebel and traitor, and employed Robert Lauder of the Bass, called " Robert with the borit quhyngar," to urge his claims. This baron, one of Brown's neighbours at Tynynghame, on coming to the gate of Edinburgh Castle, was refused admittance to the King's presence ; on which, James being at a window and within hearing, he said to the keeper of the gate : " You deny me admission and the royal presence, therefore I shall send tbe English round the walls, by whose favour I shall be well heard." The King, influenced partly by this threat and by a sum of money paid him, but principally by a lease of the church of Abercorn granted for 40 merks to his chief
1 Acts of Parliament, vol. ii. p. 171.
BROWN OF FORDELL. 1 1
favourite, Sir John Ramsay, became reconciled to Brown's promotion, and he was admitted to the bishopric. After paying off the heavy debts he had incurred, he devoted himself to improving the condition of his diocese, which he divided into four deaneries, to all of which he appointed men of learning and piety. Alexander My In, afterwards Abbot of Cambuskenneth, first President of the College of Justice, and author of the Lives, was chosen Dean of Angus. Among his foundations were a church dedicated to St. Anne, in the Highland district of Caputh, where Gaelic only was spoken ; a church and cemetery at Caputh, previously part of the large parish of Little Dunkeld ; an altar to the Virgin Mary in his cathedral church ; an altar dedicated to St. Mary and the Three Kings in the parish church of Dundee, where he had been baptized, with a chaplain to officiate ; the endowment of seven vicars-choral to sing mass daily in turn, in gratitude for the preservation of the town of Dunkeld and the adjacent districts from the ravages of the plague then prevalent in Scotland ; the rebuilding of the Castle of Cluny ; and the endowment of two chaplainries in the Chapel of St. Katharine, Virgin and Martyr. He restored to a hospital certain lands which his prede- cessors had appropriated for the expenses of their own table, and increased the endowment so as to support seven paupers and a master, who was to be a canon of Dunkeld. He also restored the Church of St. Servanus at Tippermuir, and made other improvements, besides spending large sums on the adornment of his cathedral church, and gifting to it a lectern, vestments, candelabra, etc.
Bishop Brown was not unmindful of the connection of his ancestors with Aberdeen, as among the plate belonging in 1542 to the University and King's College there, were " Calix argenteus auratus, cum patena, quinque supra viginti unciarum, donatus per bone memorie Georgium Brown quondam episcopum Dunkeldensem ; " also the following vest- ments, etc., " Due stole, et tres manipidi, quindecim peramenta, cappa unica ex auro textili viridi bysso eminenti fibra laterali rubra, dono prefati reverendi domini Georgii Broun episcopi Dunkeldensis." '
He never would receive money paid for pardon for sins, but devoted
1 Fasti Aberdonenses, pp. 5G1, 5G2.
12 HISTORY OF THE FAMILY OF
it to the repair of the parish church of the giver, saying, " Oleum autem peccatoris non impinguet caput meum." The property of the see having been greatly diminished by alienations by his predecessors and the usurpations of lawless neighbours, Bishop Brown devoted much time and exertion to the recovery of the lands to which he had right. After a long suit, begun by his predecessor Thomas Lauder, he recovered from James Fotheringham the church lands of Fordell, granted in feu-ferme about the middle of the fourteenth century, by Duncan, Bishop of Dun- keld, to his kinsman, Walter de Fotheringham. Muckersy he got back from Sir James Crichton of Strathurd, who with his followers attacked the prelate near the Bridge of Earn, when riding to Court. His next suit was, as to the lands of Cluny and others, with James Hering, younger of Lethendy, styled of Cluny, which was by arbitration settled so as to give part of the property claimed to the Bishop. These and other acquisitions enabled him to travel by four different roads between his palaces of Dunkeld and Cluny on his own or his canons' lands.
His local business did not prevent Bishop Brown from regular attendance in Parliament, and sitting as one of the Lords of Council and Session. He is said to have been " much given to hospitality, and withal very careful of the Church ; " but if he recovered much property for the see he cannot be acquitted of nepotism. It has already been shown that he gave preferment, both ecclesiastical and civil, to many of his relatives. Several other persons of his name, and probably relatives, are found connected with his establishment. The public work by which he is best known is the Bridge of Dunkeld, which he did not live to complete, having only founded it the year before his death, but saw one arch built. Thomas Brown, vicar of Auchtergaven, secretary and chaplain to the Bishop, had charge of this work ; John Brown of Dundee was master mason, and materials were supplied by George Brown, also of Dundee. Thomas Brown, arrowmaker, and citizen of St. Andrews, was one of the persons present when extreme unction was administered to the Bishop ; but Myln does not particularise the relationship of any of those persons, nor of Mr. Walter Brown, said
BROWN OF FORDELL. 13
to be learned in canon law, whom the Bishop made official rural dean and prebendar of Forgandenny.
But the step which was most effectual for the aggrandisement of his family, was the grant in feu-ferme, for an annual payment of forty merks, of the lands of Fordell to his brother Richard. If we consider the composition of the Chapter of Dunkeld, which, besides the Browns, included Walter Arnot, an uncle or other near relative of Richard Brown's wife, this has very much the aspect of a family transaction to the detriment of the see.
George Brown died at the castle of Cluny on the 14th January 1514, in the seventy-sixth year of his age. The last, like the first years of his episcopate, were troubled. Many of his intimate friends lost their lives at Flodden ; the state of the kingdom troubled him ; and his anger was excited by the abduction of his niece, Lady Rattray, and by the Earl of Athole's connivance at this outrage ; he was afflicted with stone, and suffered agonies of thirst ; he was in old age (" quce mortus est," adds his biographer), and perhaps not unwilling to die ; " Mori non timeo, nee vivere recusabo," he said, before receiving extreme unction.
His deathbed was surrounded by his clergy, his relatives, and neighbours, and his demeanour in his last hours did not belie the life he had led. Although nearly suffocated by oppression on the chest, he sang the alternate verses of the psalms belonging to the last service distinctly, although sometimes slowly. His last utterances were words of prayer ; and, after closing his eyes with his own hands, he made the sign of the cross on his breast, and expired. During his last illness his chief enjoyment was to sit at a window of the palace at Dunkeld, and watch the building of the bridge.
Among the Stanleian MSS. is a copy on parchment of the five books forming the continuation of the Scotiehronicon to the death of James the First, containing the following note, which shows that it was executed in 1497 for the Bishop of Dunkeld : —
"Postea autem a nonnulhs episcopis Dunkeldensibus eadem capella constructa et meliorata fuit, maxime tamen a reverendo patre Georgio
14 HISTORY OF THE FAMILY OF
Broun episcopo Dunkeldensi constructa et reparata in domibus et sedificiis fuit rnanente eodem episcopo ibidem propter devotionem. Quamquidem episcopus quamplurima bona opera tempore suo scilicet a.d. mcccc. nonagesimo vii°. apud ecclesiam episcopatus sui catbedralem fecit, unum altare in eadem ecclesia fundavit, vestimentis et ornamentis multipliciter eandem ecclesiam ditavit, prsebendis et canonicis exaltavit, unam turrim in loco Dunkeld construxit, et totum locum interius reparavit, quamplures libros scribi fecit, inter quos istum librum ego Ricardus Striveling notarius publicus ex mandato ejus scripsi."
Tbe Bishop was at the head of the Scottish Commissioners who met those sent from England at Coldstream, and concluded the Indenture of Canonbie, 26th March 1494.
The accounts of the Lord High Treasurer of Scotland contain the following entries : —
1491, June 18. — Paid to Dysart to pass with let teres for the Bisschop of Dunkeldin, and Lord Olyfant to pass to the day of trew, . iiij s.
1496. — To a curror that past with certane lettrez to the Bischeop of Dunkell, the Lord Glammis, and odir Lordis, to remain in Edinburgh with the Duke of Bos, ...... xiiij s.
1497, Dec. 19. — At Perth, to ane man of the Bischop of Dunkelden of bridil silver of ane hors, ..... xiiij s.
When in town, the Bishop occupied a great lodging south of the Canongate, immediately west of Bobertson's Close, purchased by his predecessor, Bishop Lauder, and much enlarged and beautified.
VIII. Bichard Brown of Fordell, in the parish of Arngask, county Perth, married Elizabeth, elder daughter and co-heir of William Arnot of Balbarton, in the parish of Kinghorn, county Fife, by Matilda John- stoun, his wife, grand-daughter of Walter Arnot of Balbarton, second son of John Arnot of that Ilk, head of an ancient family seated on the lands from which it took its surname, in the parishes of Portmoak and Leslie, from the middle of the twelfth century. Walter Arnot,
ARNOT OF BALBARTON.
(County Fife.)
Argent, a Cheveron sable between two Mullets in chief, and a Crescent in base gules.
(MS. Genealogy of the Family of Arnot)
SCOriiTERCUSON EDINBURGH
BROWN OF FORDELL. 1 5
Canon of Dunkeld, was apparently uncle of Elizabeth, who had one sister, Helen, wife of Archibald Dundas of Fingask, county Perth. Her descendant, Archibald Dundas of Fingask, sold the half of Bal- barton to John Brown of Fordell in 1569. James, Earl of Morton, granted a charter of Wester Balbarton, 19th January 1498, to William Arnot, son and heir-apparent of Walter Arnot of Balbarton and Janet, his spouse, and Matilda Johnstoun, his spouse, which was not confirmed by the Crown till 6th May 1581.
The Arnots bore argent a cheveron sable between three mullets gules, but occasionally substituted a crescent for the mullet in base.1
George, Bishop of Dunkeld, by feu-charter dated 19th July 1493, and confirmed by the King 19 th September following, disponed the lands of Easter Fordell, Mill of Blastrue, and Coltowins to his brother- german, Richard Brown, and Elizabeth Arnot, his spouse, in conjunct- fee, and to the longest liver, and to the heirs-male lawfully begotten or to be begotten between them. Richard died about 1500, and his widow married, before 1503, Robert Colville of Hilton and Ochiltree, appointed Director of Chancery 17th June 1488, who was killed at Flodden, leaving her his widow with three sons — Sir James Colville of East Wemyss, Comptroller, Director of Chancery, and one of the original Senators of the College of Justice ; Robert ; and William, Abbot of Culross, Comptroller, and a Senator of the College of Justice. Richard Brown acted as coroner and factor to his brother the Bishop.
He had a son, Robert, and perhaps a daughter, Catherine, wife of Mr. James Foulis of Colinton, near Edinburgh, Lord Clerk Register. In Douglas's Baronage this lady is said to be of the Hartree family, but in Ord's History of Cleveland, under Foulis of Ingleby, Baronet, she is called daughter of Brown of Fordell. There are several Crown charters, 1528- 1532, in favour of her and her husband.
IX. Robert Brown of Fordell was present during the last days of his uncle the Bishop's illness. He married , daughter of Sir William
Scott of Balwearie, county Fife, a descendant of the celebrated Michael
1 MS. Genealogy of the Arnots.
16 HISTORY OF THE FAMILY OF
Scott. The Balwearie arms are — argent, three lions' heads, erased gules, armed and langued azure. According to a MS. birthbrief he had another wife, a Halyburton, of the family of Dirleton. He had two sons, and probably two daughters.
1. John.
2. James, living in 1602, when he is a witness to his brother's
will. In 1585 he was denounced rebel, and his escheat granted to his brother, John of Fordell. On 4th July 1600 he had a tack for life from the King of the annualrents of the Priory of Restennoth, county Forfar, for which he had long been factor. He had a son, George, witness, in 1602, to the will of his uncle, John of Fordell.
1. Alison, married ante 1543 Alexander Gaw of Maw, county Fife.
She is a party to many deeds by her son and grandson, and was alive in
2. Elizabeth, married, before 1550, John Ogilvy of Alyth.
Robert of Fordell married again , sister of William Schaw,
Provost of Abernethy, and had —
Margaret, who married John Spens of Condy, county Perth, and had two daughters.
In 1515 he acquired the lands of Craignathro in Forfarshire, from Elizabeth Shear, and had sasine on 15 th August.
X. John Brown, third of Fordell and first of Finmount, acted as one of the curators of his nieces, Janet and Marion, daughters and heirs of the late John Spens of Condie. He married, first, before 1554, Katherine, a daughter of the family of Melville of Raith, county Fife, and widow of Robert Quhite (Whyte) of Bannathill, Maw, and Easter Lumbenny, county Fife — from whose brother and heir, John, descended the family of Whyte-Melville of Bennochy and Strathkinness. She had the lands of Balhabroun, in the barony of Easter Elcho, county Perth, and a part of Alva, county Clackmannan, in liferent from her first husband, but the latter was redeemed from her and her brother-in-law in 1555, for 1000 merks, by Menteith of Kerse. By her, who had no children
SCOTT OF BALWEARIE.
(County Fife.)
Argent, three Lion's heads erased gules langued azure.
(Il/umi?iated MS. of Sir David Lindsay, Lyon King of Arms, A.D. 1542.)
SCOTT 3 FERGUSON COINfiUHCH
MELVILLE OF RAITH.
(County Fife.)
Gules, a Fess between three Crescents argent. (Illuminated MS. in the Lyon Office.)
SCOTT \ ' EPC-USOU FD1W9UPCH
BROWN OF FORDELL. 1 7
by her first marriage, John of Fordell seems to have had one son and one daughter.
1. John.
1. Katherine, married Alexander Mastertoun of Mastertoun-Beath, county Fife.
Katherine Melville was dead before October 1558, when her husband has a discharge from John Quhyte of Easter Lumbenny for 500 merks, part of the price of the lands at Alva.
On 26th January 1560-61, there is recorded a contract between John Whyte of Lumbanie Easter, brother and heir of Robert Whyte of Bannathill, on one part, and John Broun of Fordel, spouse of the deceased Katharine Melville, who was relict of said Robert Whyte, discharging in favour of said John Broun an obligation (on which there was a decreet-arbitral on 17th March 1547), incurred by the said Katharine to the said John Whyte, for 1620 merks, which sum had been laid out on land by the said Robert Whyte for her conjunct-fee, but was now paid by the said John Broun, who had assumed responsibility therefor, with his cautioners, Thomas Moubray of Barnbougal, and Archibald Dundas of Fingask. The contract is dated at Orwell, 13th August 1560.1
In 1575 Janet Melville, niece of the late Sir Thomas Melville, vicar of Dunbog, made John Broun her cessioner.2
The Laird of Fordell married, secondly — contract dated 1561, Feb- ruary 1, her tocher £1000 — Katherine, daughter of David Boswell of Glasmont and Balmuto, county Fife, and Elizabeth, his wife, daughter of Sir John Moncrieff of that Ilk, county Perth. By this lady, who died in September 1599, he had —
2. David of Finmount.
3. Mr. Robert of Pitkenny, county Fife, confirmed executor to his
mother by the Commissary of Edinburgh, 30th June 1600. In 1618 he had a Crown charter of the lands and barony of Lindores, Grange, and other lands in the shire of Fife. He married Margaret Pitcairn, and had Anna, baptized at Edinburgh 14th December 1602. Mr. Robert was one of the
1 Reg. of Deeds, vol. iii. fol. 87, and vol. iv. fol. 33. 2 Kecords of Dysart.
C
18 HISTORY OF THE FAMILY OF
curators of his kinsman, James, Master of Colville, 1622. He alienated Pitkenny and Muirtown to James Wemyss before 1632, and was dead in 1633.
4. George, one of the witnesses to his father's will in 1602.
John of Fordell, Archibald Dundas of Fingask, and Robert Colville of Cleish are, on 28th May 1561, cautioners for Francesca Colquhoun, in the contract of marriage between her daughter, Grizel Colville, sister of the said Robert, and Henry Echlin of Pettadro.
It was probably in this generation that the family branched off, as to which there is the following entry in the Lyon Register about 1673 : " John Broune of Hingingsyde, descended of the familie of Fordell, bears azur a cheveron invecked betwixt three flower de lis or;" no crest or motto is given. " George Browne, Provost of Dundie," seems also to have been a cadet of the house of Fordell, as the same arms are recorded at that date for him, with the cheveron wavy as his appropriate differ- ence. He was afterwards proprietor of Horn, in the county of Forfar, which had been in the family for at least two generations, and left descendants in the male line seated there till the death of George Brown of Horn about 1760, leaving Catherine, Clementina, Elizabeth, Grizel, Helen, and Rachel, his daughters and co-heirs.
In 1644 George Brown sat in Parliament as commissioner for the burgh of Dundee. In 1648 George Brown, Dean of Guild, Dundee, is mentioned, and in 1649 John Brown of Horn occurs.
In 1693 the Lyon Register contains the following matxiculation, with a note that it was extracted in Latin and English on the 20th March : " William Brown, a Scotsman by origine (descended of that Familie of Browns, in the Kingdom of Scotland and Shirefdom of Angus, now represented by George Brown of Horn, late Provost of Dundie), now Merchant in Dantzick, Bears azur on a chevron waved betwixt three flowers de lis 2 and 1 or a thistle slipped vert. For his Crest a Dolphin najant proper. The Motto, Virtus dedit cura servcibit." This William, having acquired a large fortune, was created a baronet of England, 14th December 1699. Le Neve, in his Collection of Baronets' Pedigrees, says : " He was of Scotch parents, and said to have raised his own fortune
GEORGE BROWNE, Provost of
Dundee, Ancestor of the
Browns of Horn.
Azure, a Cheveron wavy between three Fleurs-de-lis or.
{Lyon Register A.D. 167 2-1678.)
sum. rrnouiOM coiiiburch
BROWN OF FOEDELL. 19
from nothing, by trading to the town of Dantzick. He was descended from Scotland, lived at Dantzick, came over into England, went thence into Holland, and after returned to Dantzick again. His son lives in the Pell Mell."
Sir William's sister married a merchant in Dantzic of the name of Kisson, and had a daughter, Janet, who, in 1713, married John Nicholson, shoemaker in Dundee, son of a merchant in Dantzic.
His son Sir John, resident in Pall Mall, sold a house on Kew Green to Queen Caroline. He obtained another extract of arms from the Lyon Register 29th August 1727.
His son and successor lived and died in Poland, and the family is understood to be extinct in the male line.
The other daughters of John Brown of Fordell are —
2. Nicholas, married Patrick Grserne of Inchbrakie, county Perth,
brother of George, Bishop of Orkney, and great-grandson of the first Earl of Montrose. The present Patrick James Frederick Grasme of Inchbrakie and Aberuthven, the lineal descendant of this marriage, is understood, failing descendants of the present Duke of Montrose, to be heir to the earldom.
3. Isabel, married, 1st July 1598, with a tocher of 5000 merks, Sir
Patrick Murray, then of Geanies, county Ross, afterwards of Byn and Drumcairn, county Perth, a member of the Privy Council, who died 1604. He was an officer in the bodyguard of James the Sixth, brother of David, first Viscount Stormont, younger son of Sir Andrew Murray of Arngask and Balvaird, and grandson maternally of William, second Earl of Montrose. Of this marriage was born one child, Catherine, who died young.
Isabel survived her husband, and married secondly Sir George Erskine of Innerteil, county Fife, the alchemist, a Senator of the College of Justice 1617-1646, brother of the first Earl of Kellie. She died in October 1639. They had two daughters and co-heirs —
20 HISTORY OF THE FAMILY OF
1. Anne Erskine, married John, Lord Melville, and was
mother of the first Earl of Melville, whose descendant is the present Earl of Leven and Melville.
2. Margaret Erskine, married, first, Sir John Mackenzie of
Tarbat, county Cromartie, Baronet, and was mother of George, first Earl of Cromartie, Lord Justice- General, Lord Clerk Register, and Secretary of State, whose descendant is the present Duchess of Suther- land, Countess of Cromartie in her own right ; secondly, Sir James Foulis of Colinton, county Edin- burgh, Baronet, a Senator of the College of Justice 1661, and Lord Justice-Clerk 1684-1688.
4. Elizabeth, married, in or before 1591, Andrew Lundin of Conland,
county Fife, a favourite of James the Sixth, whom he accom- panied to England in 1603, and spent his estate at court. He was third but second surviving son of Robert Lundin of Balgonie, county Fife, and Margaret, his wife, daughter and heir of Andrew Lumsden of Conland. Andrew Lundin of Carrie, second son of Elizabeth Brown, was one of the tutors of Antonia Brown, heiress of the Fordell family.
5. Janet Brown, married, in 1576, her cousin, Alexander Gaw of
Maw, and had issue. Her husband was dead in 1606, but she
survived him many years, and in 1623 is a consenting party
to a contract entered into by her grandson, John Gaw of Maw,
then a minor, with consent of David Brown of Fmmount,
Robert Bruce, fiar of Clackmannan, Robert Bruce of Blairhall,
and Mr. James Spence, minister of the Gospel at Tulliallan,
his curators, and Marjory Bruce, his mother. Janet Brown's
daughter, Elizabeth Gaw, married Robert Bruce of Kennet,
and was ancestress of the present Lord Balfour of Burleigh.
This laird added considerably to the family estate by the purchase,
in 1569, from his kinsman, Archibald Dundas of Fingask, of his half
of Balbarton ; he acquired the estate of Finmount, in the parish of
Kinglassie, county Fife, which he settled on David, son of his second
ADAMSON OF CRAIGCROOK.
(County Edinburgh.)
Argent, a Crescent gules between three Cross Crosslets fitch^e azure.
(MS. of Robert Porteus, Snowdown Herald, A.D. 1661, but on a stone at Craigcrook, 162 i, there is a Mullet in place of the Crescent.)
SCOtrS FCRGU50H EDINBURGH
BROWN OF FORDELL. 2 1
marriage, by apprising from Sir William Kirkcaldy of Grange in 1567, in which year he and Katherine Boswell, his spouse, grant a discharge for the sum of £2000 lent to Sir William. A charter was thereupon granted by the Abbot of Dunfermline, the superior, with a tack of the teinds of Finmount in his favour. In 1583 he had a letter of gift of the escheat of Henry Orme of Mugdrum and others, and in 1583 a similar gift of the escheat of his own brother James. He made his will 8th May 1602, at Fordell, nominating his sons Robert and David executors, and died 2d July following, having had, besides his legitimate offspring, a " bastard son natural," Nicoll Broun, who was dead 2d March 1622, when Mr. Robert Brown of Pitkenny had a gift of his escheat.
XI. John Brown, younger of Fordell, died in December 1596, during the lifetime of his father; he married, contract dated 23d February 1581, Elizabeth, daughter of William Adamson of Craigcrook, in the parish of Cramond, county Edinburgh, and Margaret Park, his wife. The Adam- sons were a burgess family of note in Edinburgh, and William, the first of Craigcrook, who was killed at Pinkie, married Janet, daughter of John Napier of Merchistoun, and Elizabeth Menteith of Ruskie, his wife, co-heir of the earldom of Lennox. John Brown and Elizabeth, his spouse, had a charter of Craignathro from his father before 9th June 1589. He died in December 1596. They had issue —
1. John.
1. Elizabeth, to whom her uncle, David Brown of Finmount, was
tutor, was confirmed, 9th July 1597, executrix-dative of her father by the Commissary of Edinburgh. She was alive, unmarried, 1614.
2. Katherine, married William Oliphant of Gask. In 1638, being
then a widow, she executed at Finmount a renunciation of her liferent of part of Pitlochie.
3. Jean, married John Guthrie of Hawkertoun, county Forfar, and
had issue.1 The following extract from the Privy Council Register2 gives a curious
1 Lyon Register of Genealogies. 2 Reg. See. Cone. Acta, vol. Feb. 1589— May 1591, p. 352.
22 HISTORY OF THE FAMILY OF
account of an attack made by the followers of Sir Thomas Lyon of Auldbar, styled Master of Glammis, then High Treasurer of Scotland, upon John Brown's wife and tenants at Craignathro in Forfarshire : — Apud Haliruidhous xix Junij Anno Lxxxx0. Sederunt : —
Rex
Cancellarius Murdocarny Custos Secreti Sigilli
Hammiltoun Comptrollor Advocatus
Mar Collector Colluthy
Moi-toun . Clericus Registri
Newbottill Clericus Justiciarie
Anent the complaint maid to the kingis maiestie and lordis of Secreit Counsall be Johnne Broun youngar of Fordell makand mentioun That quhair he is heritablie infeft in all and haill the landis of Craignethray liand within the Scherefdome of Forfair lyke as he and his predicessouris tenentes and servandis hes bene in peciabill use and possessioun of pasturing casting of faill and devott upoun the commoun mure of Forfare callit Kingis Mure past memor of man without stop or impediment quhill laitlie upoun the sj day of Apryle last bipast Thomas Maister of Glammis his hienes thesaurare upoun sum jDretendit titill unknawin to the said Johnne Broun be his grevis and servandis in his name come to the said mure and violentlie drave his tenentis gudis to ane fauld biggit be the said maister upoun the said commontie Out of the quhilk fauld Mr Ptobert Broun broder to the said Johnne for keping of his auld use and posses- sioun tuke the saidis gudis And for this caus allanerlie and na vther the said Thomas consaving ane havy displeasour aganis the said Johnne Broun upoun the xiiij day of the said moneth bodin in feir of weir with jakkis speiris pistolettis steilbonettis and utheris wappynnis invasive accum- paneit with the nwmer of thre scoir personis come to the said Johnnes dwelling hous of Craignethray he being absent for the tyme And thair having pistolettis in thair handis sercheit the haill houss kaist ower beddis and rypit all pairtis sa narrowlie as thay could And his wyff being greit with barne and in feir come in to the yaird with thair pistolettis in thair handis and so terrifeit hir that scho is yit in dangeare of hir lyff And
BROWN OF FORDELL. 23
persaving that thay could not have him to have performit thair cruell interpryis thay maisterfullie and 23erforce tuke Adam Brounhill William e Sterling E,obert and Richert Boutcheris James Lyell George Symsoun to the fauld foirsaid causit with wappynnis hald bak thair wyffis that thay sould not lament for thair husbandis And thairefter imme- diatelie tirrit thame within the said fauld geving thame mony despyte- full wordis And efter thay wer tirrit to thair sarkis scurgeit houndit with doggis and chaissit fyve of thame fra the said fauld for the space of half ane myle with sic cryis and exclamatioun that sindry nychbouris of the tounis nixt adiacent hering the samyn come and ■wer behaldaris of that pitiefull spectakill And nocht content heirwyth the saidis puyr men eftir thay wer cum to thair houssis the said maister returnit to thame and inhibit thame under the pane of hoching of thame serais and thair gudis that thay nayther put plewch nor harrow thair- eftir upoun the said Johnnes propir heritage of Craignethray Lyke as Alexr Guthre of Kincaldrum wes sent be the said maister unto the said Johnnes wyff at that same tyme to asseur hir of the samyn For verificatioun heirof the said maisteris servandis in his name within four dayis thairefter come and lowsit the said Johnnes tenentis harrowis certifeing thame that gif thay yokkit agane thay had command to hoch bayth men and gudis And nochtwithstanding all thir unsufferabill wrangis the said Maister persisting yit in his foirnemit malice Johnne Guthre ane of his greffis upoun the xxvj day of the said moneth of Apryle come to the hous of Gilbert Boutcheour tenent to the said Johnne Broun and thair perforce brak up his durris and drave out his gudis Lyke as alsua cruellie with battownis dang Adam Brounhill ane uther of his tenentis in hie contemptioun of his majesties authoritie and lawis And to the evill exempill of utheris to do the lyke gif this be smTerit to remane unpuneist Lyke as at mair lenth is contenit in the said complaint Quhilk being red upoun the tent day of Junij instant And the said Johnne Broun comperand personalie and affermand the haill contentis of the said complaint tobe of veritie And the said Thomas Maister of Glammis being alsua personalie present Quha denyit the haill pointis thairof as it is formit and consavit aganis him Quhairfoir
24 HISTOKY OF THE FAMILY OF
the samyn being admittit to the said Johnne Brownis probation and certane personis witnessis being produceit be him at ane certane day bipast assignit to him for preving thairof Quhais depositionis togidder with diveris the ressonis and allegations of bayth the said pairteis and declaratioun of sum personis allegeit actuall committaris of the crymes abonespecifiit being hard and considerit be his hienes and the saidis lordis and thay ryplie advisit thairwith The Kingis maiestie with advise of the saidis lordis assoilzeis the said Thomas maister of Glammis fra the said complaint and contentis thairof insafar as mentioun is maid thairin that the crymes forsaidis wer or ar allegeit tobe done be him or of his causing command foirknawlege or hounding out And forder as the samyn is consavit and libellit aganis him, without preiudice alwayis to the said Johnne Broun to persew the personis quhatsumevir actuall committaris of the foirsaidis crymes befoir his maiestie and the saidis lordis or utheris iugeis competent thairto as accordis of the law.
XII. John Brown of Fordell, only son of the preceding, was served heir-special to his grandfather in the lands of Nether Fordie, county Perth, on 5th October 1602. On the 13th of July 1632 there was a decreet of valuation of the lands of Fordell, etc., at the instance of Mr. William Bow against Alexander, Bishop of Dunkeld, and John Brown of Fordell.
He married, first, Catherine (relict of Sir John Lindsay of Balinscho, Woodwrae, and Woodhead, county Forfar, who died 6th January 1609, younger son of David, ninth Earl of Crawford), eldest daughter of Mr. John Lindsay of Balcarres, county Fife, Secretary of State and a Senator of the College of Justice 1581-1598, under the style of Lord Menmuir, Lord Privy Seal and Secretary of State, Ambassador to France 1597. By this lady, who was sister of the first Lord Balcarres, he had—
1. John.
2. Kobert.
1. Katherine.
John Brown of Fordell married, secondly, contract 12th April 1627, his kinswoman, Margaret, eldest daughter of Mr. William Adamson of
LINDSAY OF BALCARRES,
LORD MENMUIR.
First and Fourth gules, a Fess checquy argent and azure, for Lindsay ; Second and Third or, a Lion rampant gules armed and langued azure debruised of a Ribbon sable, for Abernethy ; all within a Bordure azure, charged with fourteen Mullets, or, for difference.
(Lyon Register.)
scoria FERGU30H COlNBUflGH
BROWN OF FORDELL. 25
Craigcrook (by Dorothy Galloway, his first wife), who, in 1619, acquired some lands from John Gaw of Maw, and appears at a later period as a party or witness to several deeds of the families of Gaw and Brown. Margaret was niece maternally of James Galloway, Lord Dunkeld, Master of Requests to Charles the First. Her branch of the family of Adamson gave birth to Countess of Southesk ; Patrick,
Archbishop of St. Andrews ; Janet, wife of Macgill of Ean-
keillor, a Senator of the College of Justice ; James, provost, and Henry, a bailie of Perth, both of whom represented the burgh in Parliament. They had —
3. William, who was served heir-general to his father, John Brown of Fordell, 26th November 1634. On the 24th of the following month he had a Crown charter of the lands of Deuglie, Mill of Arngask, and the teinds of Deuglie. He died without issue 3d June 1646, when these lands were inherited by his elder brother. 2. Jane, married 17th November 1647 her cousin, Andrew Lundin of Carrie, and had issue. Carie, in the parish of Abernethy, was disponed by Sir John Broune of Fordell in 1650 to this Andrew, then designed "of Provostmains." John Brown died in June 1631, and his wife, surviving him, is mentioned in charters granted to her son and stepson. He left the estate heavily encumbered, as shown by an agreement entered into in 1631 by the relatives of his son and heir to aid his children.
John Brown of Fordell was one of the heritors of the parish of Forgandenny, who reported in 1627 to His Majesty's Commissioners for the Plantation of Kirks, etc. : —
" Fordill and Blairstruo lyis four myllis large fra the said Kirk " of Forgandenny, and within a mile and half of the Kirk of Arngask, " quhilk Kirk is lykwayis unplantit."
John Brown, being tacksman of the teinds of Wester Dunbullis. is thus referred to —
" The landis of Fordill and Blairstrowie with the pendicles the greatest pairt thairof lies bene and is labourit in manseing estimat to pay com-
D
26 HISTORY OF THE FAMILY OF
munibus annis in stok and teind viij° merkis. Johnne Broun of Fordell lies ane tak of the great terndis haldin of the B. of Dunkeld ffor the quhilk he payis yeirlie to him the soume of xl lib, and to the Minister xx lib, ffor the quhilk he hes prorogatioun. He satisfeit the B. for the gressum and entrie of the said tak." *
XIII. Sir John Brown of Fordell and Rossie was served heir-special to his father John, 26th November 1634, in Deuglie, Arngask Mill, Nether Fordie, and other lands in the county of Perth, Kingsmuir, and Craig- nathro in the county of Forfar, and Wester Balbarton in the county of Fife.
He was a minor when his father died, and his curators were William Oliphant of Pitlochie, James Melville of Halhill, Robert Brown, apparent of Finmount, Mr. Robert Lindsay, brother of David, Lord Balcarres, and Mr. George Graham of Inchbrakie. He acquired the superiority of Deuglie, etc., from John, Earl of Mar.
The death of his half-brother, to whom he was served heir-special, 26th February 1648, reunited to the family estate the lands which had been settled upon the son of his father's second marriage, and, 1st March following, Sir John had a Crown charter of the baronies of Fordell and Rossie. He purchased the lands of Carie, Hatton, Caroline, and Brodwill from Archibald, Earl of Angus .
"Sir Johne Broune of Fordell, Knight and Collonell," had another Crown charter, dated 8th December 1650, of the lands and barony of Weddersbie, county Fife ; Easter Fordell and other lands in Perthshire, which, in consideration of the sum of 4000 merks paid to his Majesty, "and als for the honourable, faithfull, and thankfull service done by him to his Majestie and this Reahne in the late warrs," were no longer to be held by service of ward and relief, but as " ane frie blensh holding for the yearlie payment of ane pair of gilt spurs." This was shortly after- wards ratified in Parliament.
Sir John, who was a military officer of distinction, was knighted by Charles the First at Edinburgh 6th November 1641, when General Leslie was created Earl of Leven.
1 Reports of Statistics of Various Parishes of Scotland. — Maitland Club.
BROWN OF FORDELL. 27
Sir James Balfour, Lord Lyon, in his Annates, gives the following account of the ceremony : —
"6 Novembris, Saterday, Sessio I., Bege presente.
"Generall Lesley having neulie receaved his patent of Lord Balgoney and Earle of Lewine, wes solemly this day instaled by his Maiestye's order, in face of parliament. Being invested in his parliament robes, and conducted by the Earles of Eglintone one his right hand, and Dum- fermlinge one his lefte, in ther robes ; the Ducke of Lennox and Blchmond, Grate Chamberlaine of Scotland, in his robes, going befor him ; in this order did they come throughe the courte, and so entred the parliament house.
" First went sex trumpetts in ther liveries, tuo and tuo in order. Then the pursuewants, tuo and tuo in order, in ther coattes of office.
" Then the heralds in ther coattes, the eldest of wich did beare his coronett.
" Nixt cam the Lyone King of Armes having the new Earle's patent in his hand.
"And after him the Lord Grate Chamberlaine in his roabes, folloued by the Earle Marishall, quho did usher in the new created Earle and hes tuo assistants, or conductors. Quhen they cam befor the throne, the Lyone delivered the patent to the Earle of Levin, quho did give it to the president of the parliament, and he to the clercke, quho opinly read it.
" Then after 3 severall low cringes, the Earle ascendit the throne, and kneeling befor his Maiestie, had the vsuall othe of ane Earle admini- strat to him by the Earle of Lanarke, Secretarey of Estait : after wiche his Maiesty did putt the coronett one his head, and arryssing humblv thanked his Maiesty for so grate a testimoney of his favor, and withall besought hes Maiesty to knight the 4 Esquyres that did attend him, wich in this order, by his Maiesties command, wer called by the Lyone King of Armes :
" Johne Lesley of Birckhill ; " Johne Broune of Fordell ; " James Malweill of Brunt- iland ; " Androw Skeene of Aughtertule.
28 HISTORY OF THE FAMILY OF
Being in this order called by ther names, they ascendit the throne, and, kneeling, wer severally dubt Knights by his Maiesty, with the suord of estait ; then all of them, again kneeling, had a gilt spur put one ther right heill by Sir David Crightone of Lugtone, knight, the ancientest knight ther at hand. This done, they still one ther knees, with upelifted hands, had the othe of a knight administrat to them by the Lyone King of Armes, after wich they severally kissing his Maiesties hand, descendit, and attendit the new made Earle to his place, quher he was ranked amongest his peeres.
' ' Then wes ther 4 severall alarges proclaimed by the Lyone, first for his Maiesty, by the heraulds for the neu Earle, and by the pursewants for the 4 knights, with all ther tytilles ; after wich the Earles reteired and disrobed themselves, and therafter returned to the housse."
In 1641 he was chosen by the barons of the county of Perth to be their commissioner to Parliament, and was afterwards a Major-General of Horse. There are frequent notices of his career to be found in the Acts of Parliament, Sir James Balfour's A nnales, and other works : —
" ' The true nott of the losses and expenses of these officiars that war takne prissonars at Tynmowthe Scheils In the begining of Apryll 1640, being driven thither be storme of weather In ane brokne schippe, and war detainet at Newcastle ane monthe, and therafter sent to York castell.
"'Item for Ritmaster Fordell Broune and Livetenant-Collonel Hendrye Sinklare, being eight months imprissoned, for ther and ther servands dyet, ludging, Jaylor feis, and other necessar expenses, everie on of them having truly depursed fyve hundrethe and fuftie dollars.
" ' Summa, eleven hundrethe dollars.
"'(Signed) Jo. Broun.'"
The others were Colonel James Wardlaw, Lieutenant John Adin- ston, Ensign David Guthrie, and Sergeant Robert Finlason.
Their petition was read in Parliament 10th November 1641, and on the 15 th remitted to the committee and commission appointed for the common burdens of this kingdom, and Johne Browne, sergeant, was, along with Colonel Kynnynmonth and several other officers, taken
BROWN OF FORDELL. 29
prisoners coming home from Germany, near Flamborough Head, taken to Newcastle, and detained twenty days, then carried close prisoners to London, and kept for nearly three months all on their own charges, losing their goods, saddles, pistols, and other arms.
1643, August 22. — Articles of Agreement made by the Convention of Estates, by which Sir Johne Broun of Fordell, knight, was appointed Major of three troops of horse, of sixty men each, and Rootniaster of one of them, with power to name sub-officers. The men were to be levied, and fully provided with horses and arms before the 13th of September by him, Thomas Craig of Riccarton, and William Stewart, under a penalty of 5000 merks, and then to muster on Leith Links, Lord Balcarres being cautioner for his cousin, Sir John. His pay was to be £200 monthly, with an allow- ance of £3 for each man enlisted, but £1 to be repaid on disbandment.
In July 1644 Montrose surprised the garrison of Dumfries, and took the town, making prisoners the Provost and the men of a troop of horse, in the absence of their captain, Harry Drummond of Pitcairns ; " thereafter Montrose was beat and dung back by Sir John Brown of Fordel with his troops." 1
24th July 1645. — Ane Lettir sent from Sir Johne Broune (to the Parliament sitting at Perth), with ane paper from Coll. Home, remitted to the Committie of Estates.
5th August 1645. — Parliament instruct Arthur Erskine of Scotscraig, who is sent to the committee with the Scotch army in England to direct that Generals Munro and Middleton return to Scotland before 7th Sep- tember, with troops for "ane active prosecutione of the warre againes the rebelles and otheres of our unaturall cuntriemen, who disturbe the peace of this cuntrie," and also to " represent that these horses wilder the command of Sir Johne Broun,lieing raised in the North, are not thought for that service, bot are requyred to be in reddines to marche upoun adverteisment from the Erles of Roxburghe and Buccleughe towards our south borderes, for suppressing of disorders thair."
Nov. 1645. — Montrose heard that Digby had been repulsed by Sir John Brown.2
1 MS. Diary of a Citizen of Perth. 2 Diurnal of Occurreuts.
30 HISTORY OF THE FAMILY OF
4 tli February 1646. — "The Estates of Parliament taking in conside- ration the cariage and well deservingis of Sir Johne Broun of Fordell in the publict service for the safetie of the kingdome against the rebellis and enemies thairof, and speciallie that in the repelling and routting of these forces that invaded the kingdome at Dumfries, under the conduct of the Lord Digbie and [Sir Marmaduke Langdale], together with the desire represented to the Parliament in the behalfe of the said Sir Johne Broun thairanent : They do heirby seriouslie, and in a special! maner, Recommend the said Sir Johne Broun with his cariage, well deservingis, and desires theranent, to the committie for the money is, processes, and fynes, to be tane in present consideration be them for satisfaction of his deservingis and desires as the committie shall think fitt."
On the 29th January 1647, Colonel Sir John Brown is appointed one of the rootmasters of fifteen independent troops of horse, 1200 men in all, to be kept up for the service of the kingdom. On March 6th there is an Act in favour of him and others : —
" The Estates of Parliament having heard and considered the peti- tion of Sir Johne Broune and remanent officers of the first audit troupis imployed in the service at Annand Mwre against the Lord Digbie and Sr Marmaduk Langdaill desyring payment of that monethis pay appointed to this regiment be ane act of the Committie of Processes granted ther- anent upon the Parliament at St. Androis their recommendation to that Committie, Together with the Beportof the Grand Committie concerneing the foresaid desire, and heirwith also considering that the Committie of Estates did formarlie grant and ordane ane gold chayne, worth twa thousand nierkis Scotis, to be given to the said Sir Johne Broune, and ane uther gold chayne, worth four thousand merkis Scotis, to Generall Major Midletoune, as ane mark of deserved favor for the good service done be them, the saidis Estates ordanis and allowis ane monethis pay to be given to the officers of the foresaid Regiment with the pryces of the tuo gold chaynes abonespecifiet, to be payit out of the first monethis mantenance, not yit assigned. And for this effect the Estates doe heirby assigne the officers of the said regiment, and the saidis generall Major Midletoune and Sir Johne Broune for thair payment respective foresaid to what of
BROWN OP FORDELL. 3 1
the first monethis maintenance is yit unassigned : And ordains the foresaid monethis pay to the officers of the said regiment to be according to the English pay ; and for the more readie payment of the said monethis pay and pryce of the tuo gold chaynes, the Estates ordanis and appointis the generall commissar and Archbald Syidserfe to set doune the particular assignement of the shyres and burghes for the said first monethis mantenance quhilks ar not as yit assigned, and wherout of the foresaid monethis pay to the officers of this regiment, and pryces of the tuo gold chaynes abonewritin, ar heirby ordaned to be payed as is before rehearsed. Quheranent thir presentis salbe ane warrand."
In 1646 a party of his regiment plundered James, Earl of Queens- berry, of a considerable sum of money, and much furnishing, estimated at £30,000 in the report, 2d July 1661, of his lordship's losses.
A similar report, 25th June 1661, on the claims of the Earl of Annandale, states that he was imprisoned after the battle of Philip- haugh, 1646, and, among other sums, had to pay Sir Johne Broune £6000 before he was released.
24th March 1647. — Act, Lord Balcarres and Sr Johne Broune : —
" The Estates of Parliament, taking into thair consideration the supli- casioune of Alexander Lord Balcarres and Sir Johne Broune of Fordell, schewing that thair was ane monethis pay ordanit to be given to the officers of thair regiments, and ane assignement granted to them for pay- ment thairof, and of tua gold chaynes to generall Major Midletoune and Sir Johne Broune out of the superplus of the first monethis mantenance, and that the samen superplus of the first monethis mantenance wal'd not mak up the halfe of the sowme, and thairfore desyring that order might be given to the generall commissar for payment of the foresaid monethis pay and pryce of the tua gold chaynes abonespecifiet out of the first of the excise or mantenance, or by some other effectuall way that the samen may be satisfied, as the suplication more fullie beirs : The saidis Estates of Parliament ordanis the pryces of the foresaidis tua gold chaynes, viz., tua thousand, sex hundred, thriescore sex pundis, 13s. 4d., for generall Major Midletoune's chayne, and ane thousand, thre hundereth, threttie thrie pundis, vj s. 8d. for Sr Johne Broune's chayne, togither with the
32 HISTORY OF THE FAMILY OF
monethis pay to the officers of the saidis regimentis, viz., 12,435Ub Scotis> for ane English monethis pay to the officers of the Lord Balcarras regi- ment, and the sowme of 10,3 ilUb for ane English monethis pay to the officers of Sr Jon Broune's regiment, to be payed to the said Major-generall Midletoune, the Lord Balcarras, and Sr Johne Broune, and to the officers respective of thair tua regimentis out of the foresaid excise and monethlie mantenance of the kingdome when and so soon as the sowmes for inter- teining of the forces within this kingdome sail come from England, but prejudice of the act granted in favour of the generall Commissar, and with reservatione thairof, and of formar assignement granted in favours of generall Major Midletoune and otheris of this date, and of sick uther assignements as ar granted in favors of some uther persones preceiding this day. Quheranent thir presentis salbe a sufficient warrand."
1648. — Sir James Turner writes : " Bot before this was done, a peti- tion is draune up by Argile and his friends (the Chancellor playing fast and loose with both parties) which is called the petition of the armie, which was to secure religion (for these were the Kirk's words) and the kingdome of Christ, before any forces were raised for the King's releas- ment. It is signed privatlie by Leven, Da. Leslie, Major-Generall Holburne, Sir Johne Broun, Colonel Scot, and some others, and then presented publiklie to the rest of us, thinking that we could not, being sojors, refuse to follow our leaders. Bot they found themselves mistaken ; for Major-Generall Middletone, and the honnest part of the officers of the armie, told them, that such a petition, which looked so like mutinie, could not be presented to the Parliament without incurring the dishonour which Fairfaxe his armie had draune upon itself, to impose on the Parliament of England. . . . The business was so handled that it never was presented."
1648, April 18, Sir John was named a member of the Committee of War for Perthshire ; May 4, appointed Colonel of a regiment of eighty horse, to be raised in the counties of Roxburgh, Selkirk, Berwick, and Haddington ; but this troop was transferred to the Earl of Callander.
4th January 1649, he and Sir Thomas Buthven of Freeland sat in Parliament as commissioners for Perthshire.
BROWN OF FORDELL. 33
On the 15th February 1649 he was nominated a member of the Committee of War for the shires of Perth and Forfar, and a member of the sub-committee, which was to sit at Perth.
On the same day he was made Colonel of Horse within the county of Perth, and on 2d March had a troop placed under his own command by the commissioners of that shire, and, with their advice, apj)ointed William Bruce his Lieutenant- Colonel, with a troop.
On the 27th of February, there was a debate in Parliament between Sir John and Sir Archibald Johnstone as to the Scots' last going into England, and the coming of General Lambert into Scotland, when the latter admitted what he had previously denied — that the English came with consent ; upon which Sir John desired the Clerk to note that as an essential point now confessed in open Parliament.
An Act was passed in his favour on the 1 2th March, as follows : —
" The Estates of Parliament, taking to their consideratioune ane supplicacioune given in be Sr Johne Broune of Fordell, kny*, shewing that he had borrowed upone his credite and band severall soumes of money which wes desbursed be him for the use of the publict, and for repeyment of which soumes he receaved severall actis of Parliament and committees, and last in October 1648, wherin he was assigned to seven monethis mantenance, dew by the toune of Dundie, and chairged the provost and baillies of the said burgh with letteres of horning for peyment, making thairof, and in obedience thairof, the saids provost and baillies granted him a band conforme thairto : Notwithstanding whereof the said burgh hes sensyne procured ane warrand and exemp- tioune from the Parliament for two monethis of the saids sevin monethis mantenance, and thairfore desyring that the Parliament wald declare that the said exemptioune sould nawayes be prejudiciall to Mm for the monethis mantenance formerlie assignit to him and contenit in the said band granted to him be the said toune of Dundie, as at mair lenth is contenit in the said supplicacioune, whilk being taken into consideratioune be the saidis estaites of Parliament, they have declaired and declaires that the said exemptioune granted to the said burgh of Dundie sail nawayes be prejudiciall to the said Sr Johne Broune,
E
34 HISTOKY OF THE FAMILY OF
supplicant, for the monethis mantenance formerlie assigned to him by the Committee of estaites, in maner and for the caus abonespecifiet and contenit in the band granted to the said Sr Johne by the provost and baillies of the said burgh, and hes discharged and dischairges any act granted to the toune of Dundie in prejudice of the said band granted be the said toune to the said Sr Johne Broune ; and ordaines siclyk letteres to be direct heirupone againes the toune of Dundie for pey- ment of the soumes contenit in the said band in swa farr as the samyne may be extendit to twa monethis mantenance aughtand be the said toune as might have been direct upone the foirsaid band grantit to him befoir the act of exemptioune granted to the said toune. "
On the 14th March he was named a member of the Grand Committee for " governeing the whole bodie of the kingdome accor-ding to the league and covenant," to treat with the King and kingdom of England or foreign princes or states, raise forces, etc.
On the following day, on their supplication, stating that Sir John had " evictit from thame two monethis mantenance preceeding October last," the magistrates of Dundee got an order on Sir James Stuart, Generall Commissar, for payment.
The following Act and Decreet was passed in his favour, probably as to arrears due him for military service : —
"Act and decreit in favouris of Sr Johne Broune of Fordell, knight, etc., againes Johne Ewing and utheris, 16 March 1649 : Anent the summondis or lybellit precept raised at the instance of Sr Johne Broune of Fordell, knight, and Robert Hay of Strowie, for themselffis and in name and behalffe of David and Robert Brounes in Abbotisdewglie, Helene Scot- land, relict of vmqle Johne Broune, thair, now spous to Johne Currie thair, and he for his entres, Robert Hewgon in Cassidewglie, Jon Bal- mayne thair, Johne and Alexr Burtis thair, Andro and Hendrie Homes thair, Jonet Symsone, relict of vmqle William Home thair, David Burte thair, and Christiane Whyte, relict of vmqlc Williame Kintillo thair, and • — Broune thair, tennentis and possessouris of the landis of Abbotis- dewglie and Clasedewglie, againes John McEwing in Condocloich (and thirteen others called Roy, McGregour, M'Ara, etc.) makand mention,
BROWN OF FORDELL. 35
that whair in the moneth of August 1645, the saidis defenderis, with their complices and followeris, came in ane hostile way, armed with warelyke furnitour, to the saidis landis, . . . and thair in a violent way took and spuilzed robbed and drave away the number of catell, horse, nolt, and scheip after specifiet alf the saidis landis perteining to the perseweris of the availlis and pryces following : — Ilk ane of tham respective for thair owne pairtis in maner afterdivydit, viz., fra the said David Broune, fyve oxin, pryce of the peice thairof, fyftie merks ; auchtene yowis, at five merks the peice ; nyne young scheepe, pryce of the peece, five merks ; nyne hoggis, pryce of the peice, four merkis ; twa kyne, at fourtie merkis the peice ; and ane horse, pryce thairof, ffourtie pundis," and so on, in all 1000 head, valued at 10,640 merks, which were all detained or sold by the defenders, who were summoned to appear before the Estates of Parliament on 23d January last. Sir John and Robert Hay appeared, but not the thieves, and the matter was remitted to the Committee for Bills. The pursuers were heard ; summons granted against the defenders for 20th Februaiy ; and they, still failing to attend, were held to have admitted the charge, etc., and judgment was given against them.
An Act of Parliament, 4th August 1649, appointed commissioners to value all lands ; those for the county of Perth sat weekly from 26th of that month to 15th January of the following year, when they lodged their " Roll of the Rent of the Sheriffdome of Perth," the first signature appended to which is "John Browne."
His own estate is thus entered : — " Sir John Brown of Fordel, for Easter Fordel, and Blairstrowie, in the parish of Arngask, £295, 8s. 4d. ; Culfargie, in the parish of Abernethy, £600 ; Fordie, in the parish of Moneydie, £50."
There are also Mr. John Browne of Miretoune, in the parish of Longforgan, £180 ; James Browne of Home, for Westquarter, in parish of Errol, £174; Henry Browne of Paanshill, in the parish of Kinfauns, £226 ; Ronald Brown, Eastside of Leitfie, in the parish of Alyth, £200.
Sir John sat in the Parliaments held at Edinburgh 4th January to
36 HISTORY OF THE FAMILY OF
16th March, and 23d May to 7th August 1649 ; and in that beginning 7th March 1650. The heritors of the parish of Culross presented a petition against him and Lieutenant -Colonel William Bruce for redelivery of 1590 merks and the money said to be unjustly exacted by their own troopers for themselves and for their quarters. An order was given that the presidents and clerks of the Committees of War of Perth, Dunkeld, and Meigle, and Browne and Bruce, appear and produce the authentic valuation rolls, so that the just proportion of the present levy of horse be ascertained.
An Act passed 31st July allows for his troop of horse, seventy-five strong, £1749, and for Lieutenant- Colonel Bruce's, which only numbered fifty-eight, £1443. Sir John's name again appears on the Committee of Estates appointed 7 th August.
On 2d August the Estates of Parliament " appoint the Committie of War of Perth to convene befoir them Colonell Sir Johne Browne, Collonell Pitscottie, and the Collectour of the shyr, to tak notice and inspectioune if Sir John Broune's troops have exceidit thair mantinance in quartering^ or uplifting the mantinance of the said shyr, that it may be refoundit to mak the said Colonel Pitscottie his localitie quhilk is exhausted be the saids quarterings," etc.
On the 7th of August a petition was read in Parliament from Beatrix Home, a widow residing in Dunse, stating that for the love and affection she has to the cause of God in hand, she furnished quarters to the Lieu- tenant-General of Artillery, Sir John Broune and other prime officers of the army in their going and returning from England, with their servants and attendants, to the amount of 5000 merks, mostly borrowed; that what remained to her is altogether taken away by Cromwell and his associates, so that she is utterly destitute ; and prays that something may be allotted for the present maintenance of herself and her family. A recommendation was made in her favour. On the 24th of the same month, Sir John sat as a member of the Committee of Estates, which met at Perth, to see to the peace of the Highlands, to get the chiefs and others to sign bonds, and also to borrow money. In August 1650 he signed the Remonstrance sent from the army to the Committee of Estates desiring
BROWN OF FORDELL. 37
the further purging of the army and of his Majesty's Court and family : they were thanked by the Committee, who promised to use their utmost endeavour to make the laws passed on this point effectual, and on the 27th of the next month the Marquis de Villeneuve, Earl of Cleveland, Viscount GraDdison, and many others of the household and followers of Charles were ordered to leave the Court within twenty-four hours, and the kingdom in twenty days. Sir John Brown, Colonel, and the officers of foot of his Majesty's Lifeguard were ordered to put this act in execu- tion, and to arrest any who should fail in obedience to it.
A letter from Oliver Cromwell, dated Musselburgh, 31st August 1650, gives an account of a fight he had on the 27th, near Gogar, with the Scottish forces under Leslie : — " The vanguards of both armies came to a skirmish upon a place where bogges and passes made the accesse of each army to the other difficult. We, being ignorant of the place, drew up, hoping to have engaged, but found no way feasable by reason of the bogs and other difficulties." A cannonade ensued causing some loss ; Oliver puts his at twenty men, and that of his opponent at fourscore.
A letter of the same date, from an officer in the English army, speaks " of all their bravadoes the day before by Sir Johne Browne, by whom they sent us word they were resolved to give us a faire meeting," and adds that they would only stand on the defensive in a safe position.
Parliament issued instructions to him on 15th October to go against the rebels in arms in the north, in which service he was not successful, as on the 21st, when on his route with his regiment, he was surprised at Newtyle during the night by Sir David Ogilvy, and routed, with the loss of four men killed and twenty taken prisoners, who were stripped of their horses, arms, and clothes. Middleton, on the 24th, writes from Forfar to Lieutenant-General Leslie urging union, and saying that they were fighting for their country, religion, king, and king- dom, which were in hazard. " We are hopeful! that you will not shed the blood of your brethren, nor put us to that unhappy necessity as to shed yours in our awen defence. It may be objected that wee did fall on Sir John Broune his regiment in ane hostill way ; wee thanke God that
38 HISTORY OF THE FAMILY OF
non in that regiment nor aney belonging to us did fall, nather think that ther was one drope of blood shed ; bot it was Sir Johne Broune's briske expressions that did occasion it." 1 His regiment was quartered in the county of Fife from November 1650 till June 1651.
At Perth, 30th December 1650, Parliament approved ratification to " Sir Johne Broun of his infeftment of the baronie of Weddersbie, Easter Fordell, with the mylne of Blairstrowie and Cottoun."
A petition to Parliament in March 1649 by Margaret Heriot, widow of Thomas Ogilvie of that Ilk, who died in November 1647, mentions that he sold the lands of Carie, Cordine, Hatton, and Brodwill, which were then held by Sir John Broun of Fordell, Andrew Pitcairn of Inner- nethie, Andrew Wemyss of Hatton, and David Balvaird. He also sold Pittreuchie to George Broun, to whom had succeeded his son James. The lady claimed the alienated estates.
A Bill anent the payment of teinds due by Sir John was remitted on the 18th December, by Parliament, to the Committee on Bills, and the parties ordered to be cited.
Instructions were issued, in March 1651, from the King and Parlia- ment to the Earls of Eglinton and Lothian, Sir James Murray, and James Sword : — " Yow ar to repaire to Weltries upon Wedensday nixt, upon the xi of this instant, wher the Lyfe Guarde of Hors, Scottiscraige, Sir John Broun, and Sir James Halkheid's regimentis are apoynted to keipe randevouze, and take ane exact musture of the said regimentis."
On the 15th March a warrant was issued empowering Sir John to take care of the burgh of Burntisland in the absence of Major-General John Leslie, who was ordered to attend in Parliament along with the bailie of that place.
On the 20th, a letter from him, and papers sent along with it, were read in Parliament, and remitted to the Committee on Military Affairs. On the 7th of May General-Major Sir John Brown was placed in command of the Third Brigade of Horse, composed of the regiments of the Earl of Balcarres, Sir "Walter Scott, and Colonel Charles Arnot.
1 See antt.
BROWN OF FORDELL. 39
On the 17th of June his regiment, with the others, till that time quartered in Fife, was ordered to march to Stirling.
Sir John's career was now near its close. He went with a party of 2500 men from Stirling, under General Holburne, to Dunfermline, where, on Sunday, the 20th of July, they were defeated by an English force, outnumbering them, it is said, by four to one, under General Lambert, and Sir John Brown, who fought gallantly, was taken prisoner.
Sir James Balfour thus describes his end : — " In September of this yeire deyed of a fever Sir Johne Brune of Fordell, at Leith, being a prisoner ther. He was takin by the Englishe at Dumferline, being Generall-Major of Horsse. He maried Marie Scot, eldest daughter and one of the co-heires of Sir James Scot of Rossie, in Fyffeshire, and by her had issewe at his deathe one only daughter, and his ladey with chylde. His corpes wer interrid amongest his ancestors at Arngoscke." A ruinous roofless building, in a wood to the east of Rossie House, is pointed out as the place of his interment.
Mr. John's Lamont's Diary contains the following : — " 1651, Jul. 17, being Thursday, a pairtie of the English armie invaded the shyre of Fyfe. They landed att Enderkethen, and did intrenche themselfs ther. The 20 of July, being Sunday, they fell upon a pairtie of our armie that came from Stirling, betuixt Dumferling and Enderkethen, at which place severall of that pairtie were killed, severall taken, and the rest fled. At this tyme Sir Jhone Browne was taken prisoner, younge Bacomie wounded, and Randerstone younger wounded; both were taken prisoners. The following regiments of horse were scattered, viz. : — The Lord Balcarresses, Briechen's, Sir Jhone Broun's, and Collonel Scot's.
"... Aug. General Major Sir Jhone Browne depairted out of this life att Leith, whille he was prisoner with the English garesone ther. His corps were brought over to B-ossee in Fyffe. In April following his estate was sequestrat by the English, and a fyft pairt of it allotted to his lady yearlie."
There is another account of Sir John Brown's last battle, given by a contemporary, John Nicoll, Writer to the Signet, in his Diary, printed for the Bannatyne Club. After mentioning that the King and his army
40 HISTORY OF THE FAMILY OF
advanced from Stirling, and encamped at Torwood on the 28th of June, he accuses them of losing many fair opportunities of overthrowing the English, then posted about Stirling and Falkirk.
The invaders left their tents and huts standing, and on the 17th, 18th, and 19th of July crossed to Inverkeithing. When this was made known in the royal camp, " Our airmy come bak to Sterling, and marched neir to Dumfermling ; a?id haiffing halted thair, Hoburne was imployed with sum hors to marche, and ane great number of fute, to go on upone the enymie. M'Clayne of Dowart, with fyve hundreth of his sodgeris, and sindrie utheris of the fute companeis, went on curagiouslie, and luiking that Hopburne sould haif assisted thame with thair hors, they were deceavit, for the hors nevir went on for thair help ; and so the Englisches wan that day, and slew and deidlie woundit twelff hundreth fute and twa hundreth hors, among quhome Colonell Quhitslaid, of the name of Scott, wes killed, Sir Johne Broun takin prissoner, and the hale name of M'Clayne destroyed, being all gallant men and able, passing the number of fyve hundreth men at leist, thai and thair followeris."
The author of the Account of the Clan Maclean says, that Sir Hector Maclean, after Holburne's retreat, urged the Laird of Buchanan and Sir John to continue the battle even with the small force they had. " Sir John Brown remarked that they were engaging their enemies not only under great numerical disadvantage, but the position of the rebels was another important advantage they had over them." Maclean led his followers to destruction, as they were surrounded by Lambert's larger force, and it is said that along with him, and many gentlemen of his name, there fell about 750.
" Sir John Brown, with about 200 cavalry and two battalions of foot, had to withstand the whole weight of the enemy's right, and was there- fore unable to afford any relief to Sir Hector. Borne down by numbers after repeated conflicts, in which they behaved with honour, and suffered severely, Sir John's division took to flight, leaving their gallant leader prisoner in the hands of the enemy, and mortally wounded."
Sir George Buchanan, who was Colonel of the Stirlingshire regiment, was also taken, and died a prisoner.
Sir FRANCIS WILLOUGHBY.
♦ ♦♦
• ♦ ♦ ♦ <
Or, fretty azure.
{Book of Funeral Escutcheons in the Lyon Office!)
SC01I 4 f LftCUSON EDIUP^RCH
BROWN OF FORDELL. 41
While Sir John was a prisoner, " Cromwell and Lambert advanced with their troops to Perth, and lay one night at Fordell, about six miles
from Perth, and drove in their horses among General Brown's standing
" i corn.
The real date of Sir John's death was 1st September, according to the Commissariot Register of St. Andrews. He left no will, and John Oliphant, resident in Dysart, was confirmed executor-dative, 2d Decem- ber 1654. Sir John married first Isobel, daughter of David Murray of Balgonie, Kippo, and Byn, county Fife, and sister of Andrew, Lord Balvaird. She died without issue within a year and a day of their marriage, when her tocher of £7000 was repaid to her brothers.
Lady Brown, who was kinswoman of her husband, was elder daughter and co-heir of Sir James Scott of Rossie, in the parish of Collessie, county Fife, by Antonia (or Antonetta) his wife, daughter of Sir Francis Willoughby, Governor of Dublin Castle, of the family of Willoughby of Belouersby.
Their contract of marriage, dated 11th February 1648, a lengthy and curious deed, is given at length among the proofs. Sir John is to infeft his future spouse in 2000 merks yearly from his lands of Culfargie, Carie, Heltoun, and Mill of Fargies ; but if Rossie be not redeemed from them she is to renounce 500 merks, and draw £1000 only. He binds himself to settle the said lands, and also Easter and Wester Fordell, Blairstrowie, Cottounes, Pareis, etc., lands and barony of Dewglie, Mill of Arngask, teind sheaves of Dewglie, and an annualrent of £11, Is. 8d. from the barony of Glammis, in favour of the heirs to be pro- create of the marriage, whom failing, on his nearest and lawful heirs- male and assignees ; if there be only daughters of the marriage, then the heir-male born of another spouse is to redeem the said lands by pay- ment, if there be one, of 20,000 merks ; if two or more by payment of 27,000, the eldest to have 10,000, the others the remainder equally among them when they attain the age of fifteen, or if married, if either parent is dead, if not, at the first term after such death ; also to educate and entertain the daughters honestly and virtuously, according to their
1 MS. Diary of a Citizen of Perth. F
42 HISTORY OF THE FAMILY OF
rank and degree. Sir James Scott resigns the lands and barony of Rossie, etc., in favour of Sir John Brown and Mary Scott, and the longest liver in conjunct fee, and of the heirs to be begotten betwixt them; whom failing, to her heirs by any other husband ; whom fading, to her sister- german Anna Scott ; whom fading, to Sir James and his nearest and lawful heirs, etc. Sir John is to pay the said Anna Scott 20,000 merks when she at tarns the age of fifteen, or on her marriage, if she marry at an earlier age ; if she die chddless within a year and a day of her mar- riage, then her father and Sir John are to be free of all payment to her heirs, executors, or assignees. Sir John is taken bound to pay to any other daughters Sir James Scott may have, if one, 10,000 merks; if more, 6000 to each, and to educate and entertain them honestly and virtuously, according to their degree, after the death of their father. Sir James reserves his own liferent of the lands, and to his wife, Dame Antonia Willoughby, her liferent of certain lands and an annualrent. Rossie is to be redeemable by any son to be born hereafter to Sir James Scott on payment of 27,000 merks, but such son is to repay anything paid by Sir John to the daughters, etc. Sir James is to receive his son-in Jaw, daughter, and their bairns and servants in family with himself so long as they can agree to live together, and pay them 500 merks yearly "for kieping of thair purss ; " if they separate he is to allow them 1000 merks yearly. Lastly, Sir James, having in 1639 had a gift of a pension of 1000 merks for the lives of himself and his spouse, Lady Scott makes over to Sir John Brown her right to this during her widowhood, but if she survive her son-indaw it is to revert to her.
Sir James Scott, who had been a Colonel in Germany, in the service of Gustavus Adolphus of Sweden, and Governor of Riga, and was Quarter- master-General of the army of Charles I. and gentleman of his Majesty's bedchamber, purchased Rossie from the famdy of Bonar in 1630. On 29th December 1627, there is a grant of pension to him for life ; and on 29th June 1639, a grant of pension of 1000 merks to him and his wife for life. He had a Crown charter of the barony of Rossie, 29th October 1639, ratified by Parliament 1641. He was a younger son of Sir WUliam Scott of Balwearie and Isabel, daughter of Patrick, Lord
BKOWN OF FORDELL. 43
Lindsay of the Byres. Lady Brown's only sister, Anna Scott, married in 1653 Sir Robert Montgomerie of Skelmorlie, county Ayr, Baronet, and is represented by the Earl of Eglinton.
Sir John's widow was allowed a fifth part of her husband's seques- trated estate, and the following extracts from Lamont's Diary give par- ticulars of her second and third marriages : —
" 1654, Apr. The laird of Collernie younger, in Fyfe, rnaried the laird of Rossie's daughter (formerlie Sr Johne Browne's lady). They were maried in Leith by Mr. Johne Stirling, minister of Edenbroughe. David Barclay of Collernie (her father-in-law) died Feb. 1663.
" 1667. About the end of May, or the beginning of June, the laird of Rowallan, a west cowntrey gentleman, maried the Lady Collerny younger, formerly the deceassed Sir John Brown's lady ; and the laird of Dalape younger, a west cowntrey gentleman, also maried hir only dawghter to the said Sir John Brown, heretrix of Rossy, in Fyff'e. Remember both the mother and dawghter were contracted att one tyme att Edb., and both proclaimed att one tyme in their parish church of Monemeall, and both maried att one tyme in Edb."
She died in 1706, and was interred on the 9th of August in the Greyfriars' Churchyard, Edinburgh. By her third husband, William Mure of Rowallane, who sat in Parliament for the county of Ayr, she had one daughter, Jean, Countess of Glasgow, represented by the Earl of Loudon. There was at Rowallane a portrait of Sir John Brown.
Of her second marriage was born, John Barclay of Colairny, in the parish of Dunbog, county Fife, whose daughter and heir, Antonia, married in 1717 Henry Stewart, second son of Sir James Stewart of Goodtrees and Coltness, Lord Advocate of Scotland, who assumed the surname and arms of Barclay.
On 9th March 1682, John Barclay presented a petition to the Privy Council, stating that his nephew, Thomas Barclay, aged eighteen, in posses- sion of an opulent estate and considerable jurisdiction in his county, whose predecessors were loyal, was, by the marriage of his mother to Mure of Rowallane, in the way of being " bred up in a family of fanatical and dis- loyal principles, not being permitted to be acquainted with or visit his
44 HISTORY OF THE FAMILY OF
nearest relations or friends, and denied all manner of education suitable to his quality." Decided that he was of age to act and choose curators for himself; they were Montgomery, younger of Skelmorlie, the laird of Dunlop, and Mr. John Stirling, minister of Irvine.
XIV. John Brown of Fordell and Rossie was born after the death of his father, and died in childhood, titles to the estate, which was under sequestration, never having been made up in his name. His kinsman and nearest heir-male, David Brown of Fin mount, was served tutor to him 1st August 1654.
Sir John had died heavily in debt, and in 1653 there was an apprizing of the lands of Easter Fordell, Blairstruie, Cottons, etc., from his son John, his tutors and curators, and others having interest, at the instance of Dame Anna Scott, Lady Skelmorlie, and Sir Robert Montgomerie, Knight, her spouse, for the sum of 26,000 merks, being probably her tocher ; and the following year another apprizing for 7860 merks at the instance of the deceased John Brown, brother- german of Robert Brown of [blank in the record].
On the death of John the estates passed to his sister, and the male representation of the Fordell family to Captain David Brown of Fin- mount. He was alive in August 1654, but dead in November, when Antonia is sued by her mother, Dame Marie Scott, spouse of Robert Barclay of Colairny, for her annuity of 2000 merks out of the lands of Weddersbie.
XIV. Antonia Brown of Fordell and Rossie, probably born in 1649, succeeded her brother in 1654. She raised an action for aliment against her mother, in which she was successful (Brown v. Scot, 9th January 1666, Stair I. 1318). She married, in May 1667, Alexander Dunlop of that Ilk, county Ayr, head of a family seated on the lands from which they took their surname from the middle of the thirteenth century till the sale of the estate by the late Sir J. Dunlop, Baronet, and bearing for arms, argent an eagle displayed with two heads gules. They sold Rossie in 1669 for 86,000 merks to James Cheape of Ormiston,
DUNLOP OF THAT ILK.
(County Ayr.)
Argent, an Eagle displayed with two Heads gules.
(Lyon Register.)
SCOTTi TERCUSON EDINBURGH
BROWN OF FORDELL. 45
advocate, whose descendant, Harry Cheape, sold it early in the present century, and it now belongs to Mr. Johnston of Lathrisk. Antonia Brown was served heir-special to her father in the barony of Ptossie 1st August 1661. She presented a petition with regard to the settlement of her father's affairs : —
" To the Commissioner's grace and honorable Estaits of Parliament the humble petitione of Antonia Browne, only daughter and heir serveit and retourit to Sir John Browne of Fordall, Knight, and Sir James Scott of Possie, Knight, David Browne of Fin- monthe, and Andrew Lundy of Carrie, Tutors testamentars to hir for hir entress ; " Sheweth, —
" That wher the said Sir John Browne having deceist in his Majesties service, and considerable debts and burdings equivalent to Iris estait, and the petitioners therupon having meanet themselfes to the lait Judges craving that they might be authorized and warranted to dispone upon the said Sr John his lands and estait for defraying and paying his debts and burdings, they therupon granted commissione to the Shirreffe of Fyff for the tyme, impowring him to cognosce and tak up Inventar of the said Sir John his debts, togither with a rentall of his estait ; and what they sould find therin, to report to the saidis Judges ; which was accord ~ inglie reported, as the said commissione and report radie to be producit will testifie : But be the stopping of the courts of Justice the said report was not taken in nor approven, nor any furder procedor maid therin : And since be the delay the minor will be heavielie prejudged and hir estait lyklie to ruin, the debts still increscing by rening on of annualrents,
" May it therefor please the Commissioner's grace and your lordships to ratify and approve of 'the said Report, And to grant power and warrant to the saids tutors, to sell and dispone upon the said Sir John, his lands and estait, to any persone or persons for pay- ment and defraying of the saidis debtis and burdings, and accord- ing to the worth and valew of the saidis lands alreadie cognosceit by ane Inquest in persuance of the said commissione : And that
46 HISTORY OF THE FAMILY OF
your grace and honors wold interpone your authoritie to all the dispositions and sales that sail be maid of the saidis landis for payment of the saidis debts in tyme coming, and the petitioner sail ever pray."
" Edr. 18 Apryll 1661.
" The Lord Commissioner and Lords of the Articles having heard the petition abovewrittin, It is their opinion That the Estaits may grant the desyre of the bill."
"Edr. 19 Apryll 1661. "The Lord Commissioner and Estaitts of Parliament doe heirby give Warrand and Commission to the tutors abovespecifiet, to sell and dispone such lands as they shall find necessar for payment of the petitioners debts, and remitts & recommends to the Lords of the session to approve the said sale and dispositions, and interpone their auctoritie theirto.
Glencairne Canllrius- I. P. D., Par."
The barony of Weddersbie adjoining Rossie, and comprehending the lands of Weddersbie, Pitlair, Pitlochie, Woodhead, Bowhouse, &c, in the parishes of Collessie and Strathmiglo, was apprized by James Arnot of Ferny, Sir Robert Montgomerie, John Broun in Kirkcaldy, and others. Besides the apprizings against the Fordell estate already mentioned, there was one in 1668 against Antonia and her husband Dunlop, by William Hamilton of Wishaw for 28,165 merks, and another in 1669 for 30,688 merks, at the instance of Alexander Crawfurd, son of John Crawfurd, elder of Crawfurdland. The rights to all these having been acquired by William Hamilton of Wishaw, writer in Edinburgh, ancestor of Lord Belhaven, under dispositions from the apprizers in 1668 and 1669, he had the Crown charter of 8th Decem- ber 1650, in favour of Sir John Brown, ratified by Parliament in his favour 1669, December 23 ; and had on the 3d September of that year a charter of apprizing from Henry, Bishop of Dunkeld, of the lands of Easter Fordell, with the mill, Blairstruie, and Cottons, with the tower,
BROWN OF FORDELL. 47
fortalice, manor place, etc., all lying in the barony of Dunkeld and shire of Perth, to be holden of the Bishop for a payment of 40 merks yearly in name of feu-ferme and three suits yearly to the three head courts of the barony of Dunkeld. Weddersbie passed by sale from the Hamiltons after they had held it for several generations, and is divided among Messrs. Johnston of Lathrisk, Leburn of Pitlochie, Philp of Nether Pitlochie, Misses Walker of Pitlair, and others. The estate of Fordell was sold in 1691 by William Hamilton of Wishaw to James Craigie, younger of Dumbarnie, and in 1754 by John Craigie of Dum- barnie, advocate, to Messrs. David and Adam Low ; the descendants of these gentlemen now hold most of it in various portions. The heirs of Adam Low Wardlaw, descended from the marriage in 1802 of the only daughter of Adam Low of Fordel to Captain John Wardlaw, possess Easter Fordel.1 Mr. Arthur Burt is owner of Fordel, Abbot's-Deuglie, Wester-Deuglie, and Lochellbank ; Blairstruie belongs to Mr. William Henderson. Other parts of Fordell have been sold. The landed property held by Sir John Brown now yields a rental of over £12,000 per annum. The lineal descendant of Antonia Brown, and representative of the Fordell family is Lieutenant-Colonel William Thomas Francis Agnew- Wallace (styling himself Sir William Wallace, Baronet) of Lochryan, county Wigtown. He quarters the arms of Brown, and possesses one relic only which has descended to him from that family ; it is the Bible, handsomely bound and with silver corners and clasp, of Antonia, lady of Dunlop, with her autograph.
Antonia married secondly Mr. David Dickson, M.D., brother of Sir Robert Dickson of Sornbeg, Ayrshire, and of Inveresk, Carberry, and Corstorphine, in Mid-Lothian, Baronet, and had —
Robert Dickson, baptized 29th May 1696. Among the witnesses were John Dunlop of that Ilk, half-brother of the infant, and George, Viscount Tarbat. The mother must have been about forty-seven.
1 Several members of the family of Low were of Fordell, Provost of Dunfermline, died 1S17, remarkable for their skill as bone-setters, and aged 84. ' exercised this power without charge. Adam Low
48
HISTORY OF THE FAMILY OF BROWN OF FORDELL.
The Register of the parish of Arngask is not extant before the year 1688, but fortunately other sources supply most of the proofs required for a complete account of the last generations of the family seated at Fordell. There are no monuments to any of the Browns at Arngask, and no dates, initials, or arms to be seen on the ruins of the castle of Fordell, in which it is said that Oliver Cromwell passed a night on his way to Perth.
BROWN OF FINMOUNT.
XI. David Brown of Finrnount, younger son of the third laird of Fordell, had a feu-charter of Finrnount from the Commendator of Dun- fermline, 10th April 1588, and a charter of confirmation from the abbot of his lands of Finrnount, 8th January 1594. On the 26th February 1596 he was served tutor to his niece, Elizabeth, daughter of John Brown, younger of Fordell. He had a tack, dated 20th January 1607, of the teinds of Finrnount from the Abbot of Dunfermline.
David Brown married first (contract 28th February 1587), Elizabeth, daughter of Allan Coutts, senior of Grange, and Isabella Bothwell, his wife, of a family of some standing in the west of Fife, which possessed Pitteuchar, near Finrnount, Grange, Balbougie, Wester Bossy tb, and other estates, and intermarried with the Boswells of Balmuto, Bruces of Blairhall, Melvilles, Prestons, etc. Arms, argent a hart's head erased gules a pheon azure between the tynes ; but, according to Sir James Balfour, azure a stag's head erased argent.
David Brown and Elizabeth Coutts, his spouse, had a charter, of date 14th June 1599, from Mr. Bobert Wilkie, prior of St. Servanus, and Principal of the College of St. Leonard's, with the other regents and members thereof, of the lands of Boallie, in the barony of Kirkness and shire of Fife, which they had previously held of the granters in feu-ferme ; and, on 23d June thereafter, they received a Crown charter of confirma- tion thereon. They had issue —
1. Robert.
2. David of Vicarsgrange, in the parish of Kinghorn, county Fife,
married Katherine, daughter of John Inglis, of the family of
G
50 HISTOKY OF THE FAMILY OF
Kingask, servitor to Sir George Erskine of Innerteil. There is a Crown charter of confirmation, dated 13th November 1630, of the Kirklands of the vicarage of Kinghorn Easter, to David, son of David Brown of Finmount, and Katharine Tnglis, his spouse, proceeding on a charter of sale by Sir George Erskine of Inner- teil in their favour, dated 13th July preceding. On the 12th January 1633, they had sasine of the lands of Westergrass, near Kinghorn. On 14th January 1643, John, Earl of Kinghorn, assigns a tack of the teind sheaves of the parish of Kinghorn Easter, held for an annual payment of £100, 13s. 4d., to David Brown and his heirs. He died in May 1643, and his widow in March 1648. By her will, dated the 1st of March, she makes her son, John, and her daughter, Christian, her executors and universal legatees, and appoints Robert of Finmount and his brother, John, aftei'wards of Vicarsgrange, tutors and overseers. They had issue —
David Brown, of Vicarsgrange, who had sasine of that property as heir of his late father, David, on 22d July 1648, and died without issue, April 1651. John Brown of Vicarsgrange was served heir to his brother, David, in Vicarsgrange, 29th May 1655. In July 1659 he disponed his estate, under reversion, to his uncle, John, and, having no children, resigned the fee of the property, retaining the liferent, in favour of his said uncle, on 23d November 1663. John was one of his mother's executors. Christian, married John Bruce of Wester Abden, in the parish of Kinghorn. He was a cadet of the Earlshall family, and bore for arms, Or, a saltire gules on a chief of the second, three fleurs-de-lis of the first. On 20th January 1652, David Brown of Finmount granted a bond for 4000 merks to Christian, sister of John Brown of Vicarsgrange. upon which she and her husband, in June 1658, apprized Finmount and other
BROWN OF FINMOUNT. 51
lands. John Bruce died in November 1690, leaving two daughters. The younger, Elizabeth Bruce of Wester Abden, died unmarried before 26th January 1692 ; and Margaret Bruce of Wester Abden, who married George Boswell, Major of Horse, brother of David Boswell of Balmuto, left a daughter, Margaret Boswell, who mar- ried William Hamilton of Grange, county Linlithgow, and died in June 1710. Her son, George Hamilton of Grange, succeeded to Wester Abden and all the property of his grand-aunt, Elizabeth Bruce ; and the representation of the Browns of Vicarsgrange vests in his descendants, if any exist. Katherine, baptized 1643, probably dead before her mother.
1. Isobel, married James Boswell of Easter Lochgelly, county Fife,
younger son of Sir John of Balmuto. Charter to them, 1630.
2. Catherine, married (contract dated 16th August 1619) Henry
Wemyss of Fudie, in the parish of Dairsie, county Fife, younger son of Sir David Wemyss of that Ilk, and Cecilia, daughter of William, Lord Buthven. Arms quarterly, first and fourth, or, a lion rampant gules ; second and third, argent, a lion rampant sable ; all within a bordure countercomponee or and gules. Elizabeth Coutts, Lady Finmount, died at Fordell in August 1601, and her four children were confirmed executors-dative by the Commis- sary of Edinburgh 12th December, their uncle, Mr. Robert Brown of Pitkenny, being cautioner.
David Brown of Finmount married, secondly (contract, 5th March 1602), Margaret, daughter of John Murray of Tibbermuir, county Perth,1 and had by her, who died in August 1606, an only child —
3. James, who was confirmed executor-dative to his mother by the
Commissary of Edinburgh 20th December following, Sir Walter Dundas of that Ilk being his cautioner. On 23d August 1626, a Crown charter of confirmation is granted to David Brown of
1 Descended from Alexander, fifth son of Sir David Murray of Tullibardine (ancestor of the Dukes of Atliole). living 1414-45.
52 HISTORY OF THE FAMILY OF
Finniount in liferent, and his son, James, legitimately begotten
between him and his late wife, Margaret Murray, and the heirs
of his body in fee, of an annualrent out of the lands of Lundin,
granted in June preceding by John Lundin of that Ilk. James
was dead without issue 1641.
David Brown married, thirdly, before May 1611, Agnes, daughter
of Sir William Scott of Balwearie and Janet Lindsay of Dowhill, and by
her, who died 27th February 1614, had one daughter —
3. Agnes, who married, 28th December 1637, Mr. Gilbert Clark of
Pitteuchar, in the parish of Kinglassie, a younger son of Sir
Alexander Clark of Pittencrieff, by Mary Primrose, his wife,
who died in June 1653, leaving a large family by her. Mr.
Gilbert Clark was of the family of Clark of Balbirny, which
intermarried with Bruce, Lord Kinloss, Brodie of Lethen,
Alexander of Skeddoway, Ayton of Ayton, Bethune of
Balfour; his father, who acquired Pitteuchar in 1630, was
Lord Provost of Edinburgh, as was his grandfather, who also
represented the city in Parliament.
David Brown of Finmount had a Crown charter of confirmation,
30th August 1630, following a sasine, dated the 2d of that month, of an
annualrent out of the lands of Seafield, in the parish of Kinghorn, to him
and Agnes, the only daughter legitimately begotten between him and his
deceased wife, Agnes Scott. An annualrent out of the lands of Lundin
was also acquired by them in 1626, and confirmed in the Crown charter
of that year previously quoted. He married a fourth wife, Johanna-,
daughter of James Macgill of Rankeillour, in the parish of Collessie,
county Fife, son of Mr. James Macgill, Clerk of the Register, and Janet
Adamson, his wife. This lady was sister of Lilias Macgill, wife of her
step-son, Robert Brown of Finmount, and through her mother Jean,
daughter of Sir David Wemyss, was niece of Henry Wemyss, who
married her step-daughter, Catherine Brown.
By this lady, David Brown had five children, all named in a sasine, dated 2d August 1630, to him and his said wife, of an annualrent out of the lands of Seafield, on a charter by Sir George Erskine of Innerteil.
BROWN OF FINMOUNT. 53
4. John of Vicarsgrange, in which he succeeded his nephew as
already stated, married Christian Hamilton, and died 15th November 1678. They had issue —
John, baptized 5th November 1667, died before his father.
Isabel, baptized 20th October 1669, died before her father.
Margaret, born 19th August, and baptized September 1670. She and her sisters, Christian and Katherine, all unmarried, were served heirs-portioners special to their father in the Kirklands of the vicarage of Kinghorn Easter, with the glebe and manse, 13th March 1694, and heirs-portioners general to their mother, 31st March 1704.
Katherine, co-heiress of Vicarsgrange.
Christian, baptized 26th November 1672, co-heiress of Vicarsgrange.
5. Alexander is a witness in May 1638 to a deed a,t Finmount ;
was dead June 1642, apparently without issue.
6. George (Mr.) alive 1642, resident at Balbirnie in 1669.
4. Lilias.
5. Margaret, married, in 1646, Thomas Alexander of Skeddoway, in
the parish of Dysart, county Fife, representative of a family seated there from the middle of the fifteenth century, and bearing for arms, parted per pale argent and azure a cheveron, and in base a crescent counterchanged. Lamont mentions her death : " 1654, Agust 16, Margret Broune, Thomas Alexander of Skedowey in Fyfe, his third lady, depairted out of this life at Skedowey, within some hours after she was brought to bed of a son. She was interred at Kingglassy the 1 7 of Agust." The laird of Finmount died in October 1639, and his widow in Sep- tember 1667. " The old Lady Finmont in Fyffe, being about 78 yeirs of age, depairted owt of this life att Finmont, and was interred att the church of Kinglassie, the 13 of Sept. 1667, in the day tyme." 1
1 Lamont's Diary.
54 HISTORY OF THE FAMILY OF
XII. Robert Brown of Finmount was served heir to his father in an annualrent of £100, out of the lands of Durie, 12th June 1641.
In 1648 he was named a member of the Committee of War for the shire of Fife; was ruling elder of the parish of Kinglassie 1640, 1645, 1651. He and his wife Lilias, daughter of James Macgill of Rankeillour, had sasine of the west half of Finmount, 23d March 1620. They had issue —
1. David.
2. Mr. James.
3. Robert, " son of the Laird of Finmont," is a witness in 1642. He
married Christian Seton, and was dead 9th March 1687, when his son Alexander was apprenticed for five years to "William Erskine, surgeon in Edinburgh ; there was also a daughter Margaret, who died young.
4. John, to whose baptism, in July 1630, his kinsman, John Brown
of Fordell, was a witness ; his name appears frequently in the registers of the parish of Kinglassie as a witness 1661-1674, as " brother of the land of Finmont."
1. Annabel, baptized 5th October 1628, Mr. Robert Aytoun of
Inchdairnie being a witness.
2. Margaret, married, 22d March 165 9, Robert Shoner of Caskie-
berrian, in the parish of Kinglassie, and had issue. He was
eldest son of Mr. James Shoner of Caskieberrian and Anna
Forbes ; his paternal grandmother, Christian Gibson, was widow
of Sir Robert Dennistoun, Lord Conservator of the Scottish
Privileges at Campvere.
It would appear from a case as to teinds, reported by Lord Durie,
that Robert Brown must have had a second wife, a daughter of Gourlay
of Kincraig, county Fife, 1629. The kirk-session records of Kinglassie
contain the following reference to him : — " 6 Dec. 1650. The laird of
Finmount was desired to enquire whilk of his plowmen in Redwalls it
was who on Mounday last was heard swering fearfully while he was at
his pleugh." And Lamont thus chronicles his death : — " 1651, Dec. The
MACGILL OF RANKEILLOUR.
(County Fife.)
Gules, three Martlets argent. (Lyon Register, 1672-1678.)
BROWN OF FINMOUNT. 55
old laird of Finmount in Fyfe (surnamed Browne), depairted out of this life att Finmount, and was interred the 12 of Decemb."
XIII. Captain David Brown of Finmount, probably born 1618, was made an elder of the parish of Kinglassie, in February 1652, in place of his father deceased.
On 14th February 1654, he was served heir-special to his father Robert in the west half of the lands of Finmount, and to his grandfather David, in the east half of the same, and in the town and lands of Royallie, on the south side of the water of Leven, within the barony of Kirkness.
Captain Brown was next heir-male of the Fordell family, and as such was, on the 1st August 1654, served tutor to the posthumous son of Sir John Brown. On the death of the boy in minority, he became head of the family. This service should be particularly noticed, as it effectually disposes of the claim which has been set up by two separate families to descend from Sir John Brown of Fordell. It is alleged that his "sons became tenants on the estate possessed by their ancestors," and left descendants. Sir John never had but one legitimate son, John, born after his father's death, who died young : to that son, David Brown of Finmount was, by the Sheriff of Fife and a jury, on which Wemyss of Fudie, Macgill of Rankeillour, Bethune of Bandon, and other near relatives of the parties sat, at Cupar, found to be nearest of kin on the father's side. Antonia Brown, as already shown, became heiress of what remained of the property on the death of her brother, and it is beyond question that all legitimate male descendants of (XL) John Brown, younger of Fordell, are extinct.
On 1st November 1775, Robert Brown, to whom no further desig- nation is given than son of Robert Brown in Nether Cairnie, was served heir-male-general to his great-granduncle, Sir John Brown of Fordell. This seems an unaccountable step, supposing the pedigree, the links of which are not given, to be correctly stated. There could be no claim to property, and I can only suppose that the service may have been expede with a view to the assumption of a supposed baronetcy. Nether Cairnie is a farm in the parish of Forteviot. On 22d March 1740, Margaret Anderson, wife of Robert Brown there, sister and one of the four heirs-
56 HISTORY OF THE FAMILY OF
portioners of William Anderson, portioner of Kintillo, deceased, had sasine of an undivided fourth of the 18s. land of Kintillo. This Robert Brown (who was probably son of another Robert Brown in Nether Cairnie, who had a daughter, Mary, baptized in 1720) had the following children : — 1. Alexander, born 1748 ; 2. Elizabeth, born 1750 ; 3. Henry, born 1752; 4. Robert, born 1754; 5. William, born 1756. Robert, the fourth, but apparently eldest surviving son, was the person served. He is probably identical with Robert Brown in Woodhead, who married Margaret Allen, and had a daughter, Margaret, baptized at Forteviot 1778.
Captain Brown had an illegitimate daughter, Tsobel, baptized April 6, 1651, and probably another, Grizel Brown, for whom he was cautioner at her marriage to George Dow, in 1672.
In the Session records of Kino-lassie occurs this notice of the laird of Finmount : "On 11th March 1655, compeired David Brown of Fin- mounth, and confessed the child which Catherine Anderson had in her womb was his."
In 1661 an Act and Decreet was passed in favour of William, Duke of Hamilton, for 60,000 rnerks, against James Campbell of Ardkinglass, Captain Broun and his brother, and others, for ravaging his property in the island of Arran in March 1646, and carrying off or killing 2000 head of cattle. The Browns did not appear.
In 1680 the laird of Finmount was prosecuted, along with other heritors in the shire of Fife, for absence from the King's host in 1679, but acquitted on the plea that he was past sixty years of age.1
In 1683, Mr. Matthew MacKaile, advocate, writes to Sir Robert Sibbald of Kipps, M.D., "The laud of Pitlour gave me two pieces of lead, one of which seemeth to be very rich. The mine where it was found belongs to Brown of Finmount, in a ground of his upon the water of Ord, within three miles of Kirkaldie."
On 22d January 1689, sasine was given to Alexander Dunlop of that Ilk, of the lands of Phinmonth and Reidwalls, with the manor place, etc., lying in the parish of Kinglassie and regality of Dunfermline. This
1 Howell's State Trials.
BROWN OF FINMOUNT. 57
sasine proceeds on Crown charter, and narrates that the lands formerly belonged to the deceased David Broun of Phin month, heritably, and were apprized from him at the instance of Marion Davidson, relict of James Broun, surgeon, Edinburgh, James Melville, merchant there, and Margaret Broun, his spouse, who afterwards resigned the lands in favour of the late Andrew and Katherine Young, children of the deceased Andrew Young, merchant, burgess of Edinburgh, to whom a Crown charter of the lands was granted on 9th August 1662 ; and afterwards the said Andrew and Katherine Young disponed the said lands to William Hamilton of Wishaw, who again disponed them to Sir James Mont- gomerie of Skelmorlie, by whom they were assigned to the said Alexander Dunlop. It seems probable that the later transactions thus recorded, being between relatives, were intended for the benefit of the laird of Finmount, by preserving the estate in the family.
In June 1697, a process of apprizing of the lands of Royallie was ratified in favour of Adam Jardine of Greenhill.
Captain David Brown died on 27th August 1702, at a great age, and was succeeded by the eldest son of his brother James.
XIII. Mr. James Brown was chaplain to his kinsman, David, Earl of Wemyss, and was ordained minister of the parish of Calder- Clere or East-Calder, now united to Kirknewton, on 9th June 1665.
In May 1688, Lamont says, " Mr. James Brown, a son of the howse of Finmont, leatly chaplen to the Er of Weyms, and att this tyme minister of Cadir in Lowthian, nire to Hatton, abowt night abowt the number of 12 persons, some disguised and some not, came to his howse, and fownd him withowt doores, and strack and wounded him most rigorowsely ; cawsed liim give his money, being 11 or 12 dollars, and att paixting ofered to pistoll him ; and withall cawsed him sweare and give oath to them that he sowld never preach againe any more in that church ; which oath he confessed he gave." On the 30th July the Privy Council ordered the robbers to be prosecuted. He was continued 6th December 1682, but had ceased to hold the charge in 1689. He married
H
58 HISTORY OF THE FAMILY OF
at Edinburgh, 16th June 1675, Helen Douglas, believed to be of the family of Douglas of Pompherstoun. They had —
1. George, born 1676.
2. (Mr.) John, born 1677.
1. Jean, married, 30th September 1709, Charles Anderson, at Kin- glassie, her brother, George of Finmont, being her cautioner.
Mr James Brown died in February 1691.
In the library of the Faculty of Advocates there is a MS. volume with the title, Jacobi Bruni Adversaria. It contains letters, poems, epitaphs, anagrams, and miscellaneous papers. Mr. Maidment has printed a few extracts in his Analecta Scotica, the first being "The way and manner of the consecration of the Scottish Bishops at Westminster, December 15, 1661 ;" it ends, "All this is testified by one who was ane eye witnesse." The earliest epitaph is on Lady Margaret Campbell, wife of John, Lord Bahnerino, who died 9th Kal. Jan. 1665. Unfortunately, the writer in most cases omits the name of the persons to whom his letters are addressed. They treat of theology, science, and classical literature, and contain few allusions to passing events or family matters. The writer was a decided Presbyterian, and is not complimentary to the bishops. In 1672 begins a series of letters addressed to Sir Robert Sibbald, whom Broune calls "my prince of friends," and for whom he collected plants and information, and also transcribed his work on natural history. Sir Robert calls him " well seen in the Latin, Greek, and Hebrew tongue." Mr. James Broune seems to have been much absent from his parish, as many of the letters are from Edinburgh, some from Monimail, some from Linlithgow. In one to John Flint, student in Edinburgh, on his studies, he says, " My wife and co-disciple salutes thee. Vale mi Johanne. JDatam Calderce quce occidentalis dicitur, 5 Cal. Feb. 1680." There is an acrostic to his much-loved friend, Mr. David Williamson, who died at Calder 16th February 1680, and who was probably a son of the minister of St. Cuthbert's. There is a paper in praise of the family of Craig of Biccarton, his neighbours, and an acrostic on the death of Lewis Craig, 4 Cal. Feb. 1681 ; a panegyric, 1667, "Of the Indian Perfume Tobacco." Lastly, he writes, 6 Cal.
DOUGLAS OF POMPHERSTOUN.
(County Edinburgh.)
Ermine, on a chief gules two Mullets argent between two Fillets compony argent and azure.
(MSS.)
■
BROWN OF FINMOUNT. 59
Feb. 1690, "from his sick bed," to the ministers in and around Edin- burgh, exhorting them to faithfulness. This was in the year before his death.
XIV. George Brown of Finmount succeeded to the estates, heavily burdened, on the death of his uncle, Captain David Brown, in 1702 ; his special service, cum beneficio inventarii, is dated 14th December 1705, and his sasine of Easter Finmount the 25th of the same month. He sold the estate to William Kelso of Dankeith, W.S., by disposition dated at Eciinburgh, 13th March 1711.
The Kinglassie Register contains no entry of George's marriage ; and the Registers of the Commissariots of St. Andrews and Edinburgh have been fruitlessly searched for his will. He had at least three children baptized at Kinglassie, but the name of the mother is not given —
1. David, bom 1st, baptized 4th, January 1711.
1. Anne, baptized 4th June 1706.
2. Margaret, baptized 15th April 1708.
XV. Mr. John Brown,' baptized at Edinburgh, 1st May 1677. Graduated at the University there, 25th June 1697; licensed by the Presbytery of Linlithgow, 4th October 1699 ; called to the parish of Abercorn, county Linlithgow, 30th January 1700, and ordained 20th March following. He was offered, and declined, the second charge at Linlithgow, and in 1714 was on the leet for the Scotch congregation at Rotterdam, with two eminent brethren.
Mr. Brown was a friend and correspondent of Wodrow ; and Dr. Hew Scott, in his Fasti Ecclesice Scoticance, says that " in doctrine he was strictly evangelical, and on sacramental occasions his church was resorted to by the most serious Christians in the neighbourhood. His published works are three sermons — " The Rod of God shaken over the heads of His own Children," " On Christian Fear," " On the Song of the Redeemed." He was chaplain to Lady Torphichen, being related to the family through the marriage of Mary Somerville, Lady Torphichen, to Sir William Douglas of Pompherstoun. The Calcler estate, the property of
60 HISTORY OF THE FAMILY OF
the Lords Torphichen, embraced part of the parish of which his father was minister.
He married, first, 20th April 1700, Margaret Henderson of Leaston, in the parish of Humbie, county Haddington, daughter of Michael Henderson of Croftmartine,' in the parish of Orwell and county of Kinross, where the family were seated for several generations, and Isobel Adam, his wife; and by her, who died 22d September 1702, had —
1. Charles, baptized 5th May 1701, died 10th December 1703.
1. Isobel, baptized 31st August 1702, died 28th March 1703.
Mr. John Brown married, secondly, 16th April 1704, Elizabeth, daughter of Mr. David Williamson, minister of the parish of St. Cuth- bert, Edinburgh, and Jean, his wife, daughter of William Kerr of Cherrytrees, younger son of Sir John Kerr of Lochtour, who represented the county of Roxburgh in Parliament. An account of the life of Mr. David Williamson, the " Daintie Davie" of the song, and of the family of his wife, by the writer, are to be found in the Herald and Genealogist, vol. vii. p. 220. Mr. John Brown had by his second wife —
2. David, born 12th May 1707, baptized on the 18th by Mr. John
Bonar, minister of Torphichen, in presence of the lairds of Duddingstoun and Duntarvie.
3. Stephen, born 15th November 1710, baptized on the 19th by Mr.
John Wilkie, minister of Uphall, George Dundas of Dudding- stoun being a witness. He died 10th October 1712.
4. John, born 10th June 1714, baptized on the 18th by Mr. Alex-
ander Dalgleish, one of the ministers of Linlithgow, John Durham of Duntarvie being one of the witnesses. He died 17th April 1715.
5. George, born 19th June 1715, baptized on the 21st by Mr. James
Anderson, minister of West-Calder ; died 18th February 1716.
6. Joseph, born 11th May 1717, baptized next day by Mr. Stephen
Paton of Newlands ; died unmarried.
1 The late Michael Henderson, of Turfhills, was Convener of the county of Kinross, and died in 1 S23, aged seventy-nine.
Mr. DAVID WILLIAMSON.
Argent, a Saltire sable between a Boar's Head erased gules in chief, and three Mullets azure in flank and base.
(Illuminated MS. by Etheringto?i Martyn in the Advocates' Library.)
Sttll ,\ I ! RCUSON i DIHBURGM
BROWN OF FINMOUNT. 61
7. William, born 19th February 1719, baptized on the 22d by Mr.
James Houstoun, minister of Kirkliston ; died 17th March 1724.
8. Robert, born 2d January 1721, baptized on the 8th by Mr.
Robert Dalgleish, one of the ministers of Linlithgow ; died 27th April 1725.
9. John, born 7th, baptized 11th, September 1722, John, Lord Hope,
being a witness ; died 6th December of the same year. 10. James, born on 17th December 1724, baptized on Christmas Day by Mr. James Houston, James, Lord Deskford, being one of the witnesses. A notice of his descendants will be given.
2. Margaret, born 26th July 1705, baptized on the 31st by Mr.
John Brand, minister of Bo'ness ; married, 5th April 1730, John Johnston, minister of Arngask, and died 8th July 1768. After her marriage she resided in the parish where her family had long been the chief landowners. Among her descendants are, Helen Johnston, wife of William Henry Brown,' of Ashley, county Edinburgh, mother of the late Lieutenant-Colonel Robert Johnston Brown, late of the 14th Hussars ; Professor Sir Robert Christison, Baronet, M.D. ; John Christison, advocate, Sheriff of the county of Ayr, and Deputy-Keeper of the Great Seal of Scotland, who married Charlotte Catherine Clavering, granddaughter of John, fifth Duke of Argyll ; David Johnston, • D.D., minister of North Leith, one of His Majesty's Chaplains, and one of the founders of the Asylum for the Blind, Edin- burgh ; the Hon. William Penney, a Senator of the Colleo-e of Justice, with the title of Lord Kinloch ; the late Lady Keith Murray of Ochtertyre, etc.
3. Henrietta, born 30th, baptized 31st, December 1708, married 8th
November 1730, John Tod, merchant and shipbuilder in Leith (who died 22d September 1786, in his 82d year), and died in 1796, August 7 ; and, within a few hours, her daughter, Mrs. Elizabeth Johnston, died, aged 61. From Mrs. Tod are
62 HISTORY OF THE FAMILY OF
descended John Parish, Baron Seftenberg of the Austrian Empire; Horatio Nelson Ross of Rossie and Netheiiey, M.P., Deputy-Lieutenant, county Forfar ; Eliza Ross, wife of Laurence Oliphant of Condie, county Perth ; Harriet Ross, wife of William Ellice, M.P., mother of William Ellice, Esq., son-in- law of the late Earl of Radnor ; Cecilia Charnock, wife of Sir Daniel Keyte Sandford, M.P. ; Sir Francis Richard Sandford, K.C.B. ; and Sir Herbert Bruce Sandford. 4. Jean, born 10th, baptized 13th, October 1712, married 15th August 1740, Walter Gibson of Greenknowe, in the parish of Muiravonside, county Stirling, son of John Gibson, surgeon in Kelso, and Katherine, his wife, daughter of George Home of Bassendean, county Berwick, and Katherine, his wife, eldest daughter of Walter Pringle of Greenknowe, a Covenanter of note, whose autobiography was published in 1847. Mrs. Gibson had a large family, of whom the only survivors were — Jean, wife of William Dalgleish, D.D., minister of Peebles, who died s. p. in 1819 ; and Anne, who married Andrew Cassels, merchant in Leith, and Provost of that Burgh in 1800. An account of the Cassels family and of her descendants will be found hi Records of the Family of Cassels, printed for private circulation by her grandson, Robert Cassels of Holland House, Quebec. Her eldest surviving son, Walter Gibson Cassels, inherited Greenknowe, which he sold to his brother- in-law, David Brown ; another of her sons was the Hon. Andrew Cassels, King's Advocate and Judge of the Admiralty Court at the Cape of Good Hope. Walter Richard Cassels, late a merchant in Bombay, and Member of Council there, is her grandson ; also Andrew Cassels, a Member of the Council of the Secretary of State for India. Mr. John Brown died 3d May 1743.
XIV. David Brown of Golf HaU, Bruntsfield, near Edinburgh, his eldest son, was a merchant hi Edinburgh, and a burgess and guild
BROWN OF FINMOUNT. 63
brother of the burgh.1 He married, 9th April 1727, Margaret, daughter and heir of John Russell, merchant and burgess of Edinburgh, by Jane Merstoun (or Marton), his wife, and had —
1. John, born 10th March 1728, baptized by his grandfather, the
minister of Abercorn ; died young.
2. David, born 31st December 1730, died young.
3. John, born 29th December 1731, of whom a notice will follow.
4. David, born 8th February 1733, died unmarried 24th October
1773, being then a Lieutenant in the Royal Navy.
5. Robert, born 15th February 1734, died unmarried 15th December
1775.
6. James, born 19th March 1735, died in boyhood.
7. George, born 18th December 1736, held a consular appointment
on the continent of Europe, and died unmarried 14th Novem- ber 1775.
8. Andrew, born 29th July 1739, died unmarried.
1. Jean, born 15th August 1729, married (contract, 30th October 1744) John Fraser, Writer to the Signet, Edinburgh, brother of Simon Fraser of Ness Castle, county Inverness, a West India merchant in London, whose daughter and heiress, Marjory, married, in 1784, Alexander, fifteenth Lord Saltoun, and was grandmother of the present Lord. Mr. Fraser died 17th August 179 5, aged 8 4, and had, with others who died young or unmarried, two daughters — Jean, married, in 1773, Rev. Robert Walker, minister of the Canongate parish, Edinburgh, and had issue ; Anne, married John Rae, surgeon in Edinburgh, maternally descended from the family of Cant of Thurston, and had issue. Mr. and Mrs. Brown executed a joint trust-disposition, dated at Golf Hall, 3d July 1749, in which all their surviving children are named,
1 On the 10th of March 1736, David Brown, Guard, ordered his men to fire on the populace,
merchant in Edinburgh, was on the jury which who were throwing stones, and killed and
found Andrew Wilson, William Hall, and George wounded several persons. This affair led to the
Robertson guilty of robbing James Stark, collector celebrated " Porteous Mob;" a large body of
of Excise at Kirkcaldy, on the 9th of January people broke into the Tolbooth, where Porteous
previous. It was at Wilson's execution, on the was confined, his execution having been delaved
14th of April, that Captain Porteous, of the City for six weeks, and hanged him in the Grassmarket.
64
HISTORY OF THE FAMILY OF
and legacies left to them. Besides Golf Hall, he had considerable house property in the city, and Mrs. Brown also inherited real property there, some of which, acquired by her grandmother1 in 1722, remained with her descendants till 1845, when it was sold. The bookplate of David Brown, with autograph of his son, is here represented.
XV. John Brown of Golf Hall, merchant and burgess of Edinburgh, one of the Magistrates of the City, 1764 and 1773 ; a merchant Coun- cillor, 1759 ; and Treasurer, 1761-1762; in 1765 acquired landed property lying on the Water of Leith, adjoining the estate of Dean, from Thomas Brown of Braid. He married, 10th December 1751, Margaret, daughter, and eventually heir (on the death of her brother Wilham, a Russia merchant), of James Watson, merchant and burgess of Edinburgh, and in
1 Margaret, Mrs. Merstoun, daughter and heir of Alexander Livingstone, merchant-burgess of Edinburgh, who died in 1670.
WATSON, Edinburgh.
Argent, an Oak Tree acorned, growing out of a Mount in base proper, surmounted of a Fess wavy azure charged with three Bezants.
{Lyon Register.)
srolTaffHCUiOH EDINBURGH
BROWN OF FINMOUNT. 65
1727 one of the Magistrates of the City, by Janet, his wife, daughter of James Crokat, merchant and burgess of Edinburgh, also a Magistrate of the City. Mrs. Brown's uncle, Thomas Crokat of Johnstounburn, county Haddington, had a daughter and heir, Elizabeth, wife of Andrew Broun of Braid, near Edinburgh ; their daughter, Elizabeth Broun, married Sir Andrew Dick-Lauder of Fountainhall and Grange, Bart. George Watson, merchant, and accountant of the Bank of Scotland, a member of this family, died in 1723, leaving £12,000 for the endowment of an hospital, which was built at Lauriston, for the maintenance and education of the male children and grandchildren of decayed merchants in Edinburgh, and latterly had an income of above £6000.
On the 21st March 1780 Mr. Brown was served heir-general to his brother, David, Lieutenant in the Navy, being his only surviving brother.
Notes from pocket-book of my Great-grandfather : —
" John Brown, merchant in Edinburgh, 1766.
1765, March 6. Mr. T. Brown, Fishing-rods, etc., . 10/6
1766, Jan. 6. Lent D. Brown, . . .£110
15. D. Brown, . . . . 3 0 0
" Transactions with Mrs. W. Watson, London. " April 1. Pd. D. Brown, . . . .£660
" On the 7th Novr. 1764, I became a member of the Laudable Society at London, for the benefit of Widows. Wm. Watson signed the Deed of Settlement for me on that day. Entry Money, £5, 5s. ; yearly payment, £5, 5s., payable 25th March and 29th Sept., at Michael Fisher, Secy., Wych Street.
" 25th July 1765. Transaction with Mr. Crokat as to a bond in his name for some of his money lent to John Murray of Philiphaugh.
" R B., at Messrs. Price & Co., tallow chandlers, Old Fish Street, Cheapside.
" D. B. pays half of horse maintenance.
" G. Brown draws on him repeatedly, one bill £223 ; his address, care of Mr. And. Sprowle, Norfolk, Virginia.
I
66 HISTORY OF THE FAMILY OF
" Gardener at property Water of Leith.
" My brother's assignation, 12th Feb., of Town Bond, £250, regd. in Burgh Court Books 23d June."
He seems to act for Trinity Hospital; gives to the poor of Canon- gate, £2, 3s. 9d., " my salary from the Burgh."
" Sep. 6. To Mr. Thomas Brown, . . . £20 0 0
" Brown's bursary."
Mr. Brown died 15th April 1780, and his widow 17th April 1800, having had issue —
1. David,
2. James, born 15th September 1758, was a merchant in Edinburgh,
and died unmarried 15th December 1829.
3. John, born 12th August 1764, died 6th May 1769.
4. Wilbam, bom 29th December 1766, died 29th August 1774.
5. Thomas, born 29th March 1771, died unmarried at his house in
Gayfield Square, Edinburgh, 19th September 1851. This gentleman was a merchant in St. Petersburg, and afterwards in London ; he published Reminiscences of an Old Traveller, Modern Athens, and other works.
1. Janet, born 1st September 1752, died 12th February following.
2. Margaret, born 27th May 1754, died 12th January 1759.
3. Jean, born 9th September 1760, died unmarried 18th December
1825.
4. Mary, born 3d November 1762, died unmarried, at Gayfield
Square, 23d September 1845.
5. Katherine, born 20th Apiil 1769, died 27th December following.
6. Henrietta, born 8th October 1773, married Alexander MacBrair,
merchant in Glasgow, and died 1st February 1808, leaving four children, none of whom have any family.
XVI. David Brown of Greenknowe, in the parish of Muiravonside, county of Stirling, was born 27th December 1756, and baptized 10th January following, tbe witnesses being John Fraser, W.S., husband of his aunt, and Joseph Williamson, advocate, grand-uncle of the infant,
CASSELS OF GREENKNOWE.
(County Stirling.)
Argent, a Cheveron gules between two Cross Crosslets fitchee in chief, and a Key fessways wards downwards in base sable.
{Lyon Register.)
SCOTT ft FCRCU50N EDINBURGH
BROWN OF FINMOUNT. 67
being son of Mr. David Williamson by his seventh wife, Jean, daughter of Arthur Straiton of Kirkside, county Forfar. Mr. Brown was a merchant in St. Petersburg, and partner in the house of Anderson, Mobberley and Co. Having acquired a considerable fortune, he returned to Scotland, and purchased Greenknowe from his brother-in-law, Walter Gibson Cassels, and a bouse with grounds at Lauriston. He married, on 21st June 1791 (contract dated 20th of same month), his kinswoman, Hannah, daughter of Andrew Cassels, merchant in Leith, and Anne Gibson of Greenknowe, his wife. By her, who was born 17th March 1772, and died at her house in Brandon Street, Edinburgh, 7th March 1859, he had
1. John.
2. Andrew Cassels.
3. David, born 29th December 1801, a merchant in Corfu, after-
wards- settled in Canada, where he died in 1863, leaving by his wife, Mary Cowan, widow of Mr. Maclean, one child, Hannah Cassels, who married, 19th September 1880, Robert Hannan Henry, Standard Bank, Toronto, and has issue Chris- tina Cassels Henry.
1. Anne, born 28th December 1793, died unmarried at Ashley, 22d
November 1882.
2. Margaret, died unmarried.
3. Hannah, born 13th July 1796, married, 30th August 181-9, by
her cousin Dr. Johnston, to Alexander Tweedie, M.D., of Edinburgh 1815; F.R.C.P., London, 1838; F.R.S., of Bute Lodge, Twickenham, and Brook Street, Grosvenor Square, author of Lectures on Fevers, Clinical Illustrations of Fever, etc., who died 30th May 1884, in his 90th year, and has had issue —
Alexander George Tweedie, Madras Civil Service, married Isabella Fanny, daughter of Major-General Leslie, K.H, and died in 1855, leaving issue by her, who died 22d January 1858, two sons and two daughters. The elder, Isabella Leslie, married, 6th July 1881, Surgeon-Major Alexander Dugald Campbell, younger
68 HISTORY OF THE FAMILY OF
son of Rear- Admiral Donald Campbell of Barbreck,
county Argyll, and grandson of Sir Charles Douglas,
Bart. George Straiton Tweedie, married 5th August 1882,
Anna, daughter of James Archer, B.S.A. David Tweedie, died unmarried 1864. Hannah Cassels Tweedie, married, in 1856, the Rev.
Charles Creaghe Collins, M.A., Rector of St. Mary's,
Aldermanbury, London.
4. Jane, born 16th March 1800, married William Anderson of Hall-
yards in the parish of Manor, county Peebles, and 8 Regent Terrace, Edinburgh, merchant in Leith, descended from the elder male line of the family of Anderson of Tushilaw, county Selkirk. He died 3d March 1879, aged 85. Mrs. Anderson died 23d July 1850, having had issue —
William Anderson of Hallyards, M.D., Richmond, married, 15th July 1880, Annie Elizabeth Boyd, daughter of William Burnett, Esq., Hay Lodge, Peebles, represen- tative of the Burnetts of Barns, in the parish of Manor, and of Burnetland, and has issue. David Brown Anderson, Writer to the Signet, 1867. Hannah Cassels Anderson, married, 21st January 1857, her cousin, the Rev. Andrew Cassels, vicar of Batley, county York ; and has issue, Jane Still Anderson, who died young, and Adamina Anderson.
5. Mary, born 8th September 1803, married, in June 1865, William
Henry Brown of Ashley in the parish of Ratho, county of Edinburgh, in the Commission of the Peace for the county, who died 3d October 1870. Arms, parted per cheveron gides and sable, a cheveron between two fleurs-de-lis in chief, and a cushion in base or. She died at 4 Melville Street, Edinburgh, 8th December 1885.
6. Harriet Sophia, born 23d July 1805, married, 5th November
1827, her kinsman, Sir Robert Christison of Moray Place,
CHRISTISON of Moray Place, Edinburgh, Bart.
Or, a Cheveron sable between three Laurel Leaves proper.
{Lyon Register.)
STODART OF KAILZIE, County Peebles, and ORMISTON, County Edinburgh.
Quarterly, First and Fourth argent, a Fess nebuly between three Stars of six points sable, a Bordure gules, for Stodart ; Second and Third or, a Cheveron between three Bull's Heads couped sable armed vert, for Turnbull.
{Lyon Register. )
SC0TT4 rtRGUSON CDlHBURCH
BROWN OF FINMOUNT. 69
Edinburgh, Baronet, M.D., Professor of Materia Medica in the University of Edinburgh, and Senior Physician to the Queen in Scotland, Deputy-Lieutenant of the city and county of Edinburgh, who died 27th January 1882. Arms, or a cheveroh sable between three laurel leaves proper. She died 9th January 1849, leaving three sons —
Sir Alexander Christison, Baronet, M.D., Surgeon-Major H.M. Bengal Army, Principal of the Medical School, Agra; married, in 1854, Jemima Ann, daughter of James Cowley Brown, of the Bengal Civil Service, and has issue. David Christison, M.D. John Christison, Writer to the Signet. Jemima Henrietta, born 3d March 1807, married, 26th June 1826, John Riddle Stodart, of 2 Drummond Place, Edinburgh, Writer to the Signet, a Magistrate of the city of Edinburgh, and in the Commission of the Peace, son, and eventually repre- sentative of, Robert Stodart of Kailzie, in the parish of Traquair, county of Peebles, and of Ormiston Hill, in the parish of Kirknewton, county of Edinburgh. Arms quarterly, first and fourth, argent, a fess nebuly between three stars of six points sable, a bordure gules ; second and third, or, a cheveron between three bulls' heads couped sable, armed vert. Mi-s. Stodart died at 2 Drummond Place, Edinburgh, 29th September 1865, leaving —
Robert Riddle Stodart, formerly of Mookelane, in the Island of Ceylon, now Lyon Clerk-Depute, author of Scottish Arms, the compiler of this genealogy. David Riddle Stodart, Writer to the Signet, stock- broker in Montreal, married, in 1861, Louisa Flora Wilhelmina, daughter of Peter Sheppard, merchant in Quebec, and has issue. Hannah Stodart, married, in 1852, James Lorimer of Kellyfield, in the parish of Dundee, county of Forfar,
70 HISTORY OF THE FAMILY OF
Advocate, Professor of Public Law in the University of Edinburgh, and has issue. Henrietta Mary Stodart. Mr. Brown of Greenknowe died 19th January 1813.
XVII. John Brown, born 18th May 1792, died unmarried in January 1847. Mr. Brown did not succeed to the landed property of his father, who, by disposition and settlement dated 24th August 1805, conveyed his entire estate to trustees for the benefit of his wife and family ; and by them Greenknowe was sold in 1 8 1 4 to Thomas Andrew, Esquire, father of the Dowager-Countess of Roden ; Lauriston Park to the Governors of the Trades' Maiden Hospital ; and the house at Lauriston to Mr. Leonard Horner, merchant in Edinburgh.
XVII. Andrew Cassels Brown of Freshfield, in the parish of Formby, county Lancaster, bom 28th May 1798, was a merchant in Liverpool, married, 22d April 1840, his cousin Susanna, daughter of James Cassels, M.D., Lancaster, and Mary his wife, eldest daughter and co-heir of the Rev. Francis Hodgson, perpetual curate of Little Bolton, and died 16th December 1870, leaving issue —
1. James Cassels.
2. David, born 21st February 1845, entered the Royal Navy
12th September 1859, retired 187 ; married, 16th October 1873, Isabella Frances, elder daughter of Lieutenant- Colonel Pringle Shortreed, 17th Bengal Native Infantry, son of Robert Shortreed, Sheriff- Substitute of the county of Rox- burgh, and Margaret Fair of Langlee, his wife, and has issue Helen Mary Echlin, born 15th September 1874 ; Kath- leen Mira Cassels, born 22d February 1876 ; and a daughter, born January 1884. 1. Hannah Elizabeth, born 19th September 1842, married, 7th September 1870, Henry Greenwood Rawdon, M.D. and Sur- geon, Rodney Street, Liverpool, second son of Joshua Rawdon of Babington, county Chester, and Everilda Hamer of Hamer,
BROWN OF FINMOUNT. 71
county Lancaster, his wife, younger brother of the Rev. James Hamer Rawdon, vicar of Preston, representative of the Rawdons of Bilbrough, near York.
2. Susanna Hodgson, married, 11th April 1883, David Christi-
son, M.D., second son of Sir Robert Christison, Baronet.
3. Mary, born May 1851.
XVIII. Reverend James Cassels Brown, M.A. of St. John's College, Oxford, formerly curate of Hulme Walfield, county Chester, afterwards of the parish church of Liverpool ; 1881, vicar of Ditton Saint Michael, Prescot, Lancashire; born 16th January 1841 ; is representative of Mr. John Brown of Abercorn, and, failing descendants of George Brown last of Finmount, is heir-male of the Browns of Fordell and Finmount. He married, first, at Altcar, 8th February 1872, Frances Mary, daughter of William Hand of Hartford, county Chester, and had by her — who died 25th March 1880—
1. Lucy Cassels, born 7th March 1873, died May 1875.
1. Andrew Cassels, born 7th January 1875.
2. Arthur Cassels, born 23d August 1876.
He married, secondly, at the Church of the Holy Trinity, Milton- next-Gravesend, 14th March 1882, Elizabeth Ellen, daughter of Henry Notton.
We now return to the only younger son of Mr. John Brown of Abercorn, who left descendants.
XV. Mr. James Brown, born 17th December 1724, graduated at the College of Edinburgh 27th April 1742, licensed by the Presbytery of Perth 23d July 1745, presented to the parish of Melrose by Lady Isabella Scott in July 1747, and ordained 10th February 1748. While at Melrose Mr. Brown got a bleachfield established for the encouragement of linen manufacture there. In 1765 there was a proposal to promote him to South Leith, which was not carried out ; and on 5th May 1767 he was translated to the New Greyfriars, Edinburgh, and admitted on the 9th July. He did not long remain in charge of this parish, being trans-
72 HISTORY OF THE FAMILY OF
lated to the New North Church of Edinburgh 27th July 1768, and admitted 24th November. He was elected Moderator of the General Assembly of the Church of Scotland 22d May 1777. Mr. Brown is said to have been " distinguished not more by his majestic appearance than by his pastoral excellence, powerful reasoning, and singular attention to the charitable institutions of the city, especially the charity workhouse." He took a great interest in the improvement of the Translations and Paraphrases of Sacred Scripture, and was, on the 28th of May 1776, appointed Convener of the Committee named by the General Assembly to carry out that work, and the selection made was approved 1st June 1781, and came partially into use. His published writings are "The Extensive Influence of Religious Knowledge : a Sermon," Edinburgh, 1769; and "A Plan for regulating the Charity Workhouse, Edin burgh."
Boswell, in his " Commonplace Book," has the following anecdote of Mr. James Brown : —
" On the 2d December 1782 I went to dine at Walker's Tavern with a committee of the Presbytery of Edinburgh, who were taking evidence in a criminal process, the heritors of Carsphairn against Mr. Affleck, who had a presentation to that parish. The agent for the heritors was the entertainer. I was asked to take the head of the table thus : — ' Mr. Boswell, you '11 take this end.' ' No,' said I, ' the Moderator will sit there.' ' Then you 11 take this end,' the foot of the table. ' No,' said I, pointing to the agent. I placed myself about the middle of the table, and said, ' I have no end in view but a good dinner.' Said the Eev. Mr. Brown of Edinburgh, ' The end is lawful if the means be good !'"
Mr. Brown married, first, in May 1748, Helen, born 20th January 1721, and baptized by Mr. John Brown of Abercorn, third daughter of Captain Laurence Drummond, residing at Midhope, in the parish of Aber- corn, second son of John Drummond, ninth laird of Pitkellony, in the parish of Muthill, county Perth, and Catherine, his wife, daughter of Sir John Colquhoun of Luss.
Mrs. James Brown's mother was Katherine, daughter of Sir Alex- ander Swinton of Mersington, county Berwick, a Senator of the College of Justice, a younger son of Sir Alexander Swinton of Swinton, aunt of Janet Charteris of Amisfield, Countess of Wemyss.
BROWN OF FINMOUNT. 73
By his first marriage, Mr. James Brown had — 1. John, baptized 9th April 1749, died young.
1. Katherine, born 19th April 1750, died 9th November 1752.
2. Elizabeth, born 26th September 1751, died 7th May 1764.
3. Helen, born 5th February 1753, married at Glasgow, 16th June
1777, William Somerville, merchant there, younger son of James Somerville of Airhouse, in the parish of Channelkirk, county Berwick, and had issue.
4. Mary, born 7th May 1754, married John Pattison, advocate, ' and
had issue. Mr. James Brown married, secondly, 13th November 1755, Marion, only child who left issue, of Robert Tod, merchant in Edinburgh, and sister of John Tod of Kirklands, and Charles Tod of Wholeflatt, and by her, who died 3d November 1786, had —
2. Robert, of Kirklands, born 23d August 1758, died 6th November 1812, a Writer to the Signet. He married, 2 2d December 1782, Isabella, eldest daughter of Alexander Adam, architect, by a daughter of J ohn Watson, writer in Edinburgh, and had, with others who died young —
Robert, a Writer to the Signet, died unmarried.
Alexander, Lieutenant R.N., died unmarried.
Helen, died unmarried, 25th January 1808, aged 17.
Marion Tod, married Andrew Monies, Captain R.N., and
died s.p. 18th August 1840. Captain Monies married,
first, 2d December 1807, Jane, daughter of John
Davie of Gavieside, county Edinburgh, sister and
co-heir of Major Adam Davie, who in 1803 surrendered
Kandy, the capital of Ceylon, to the native king, and
died there a prisoner in July 1812, and had by her, who
died 19th December 1818, a son, John Davie Monies,
who assumed the additional surname of Stirling on his
marriage, in 1840, to Mary Wedderburn Stilling,
heiress of Blackgrange, daughter of Patrick Stirling of
Kippendavie, county Perth, and niece of Margaret
K
74 HISTORY OF THE FAMILY OF
Douglas Stirling, wife of James, tenth Lord Tor- phichen, and died 1848. Janet, born .
3. James, of whom afterwards.
4. John, born 16th May 1761, died 8th December 1767.
5. Thomas, born 3d July 1766, merchant in Edinburgh, married,
in December 1787, Euphemia, daughter of Andrew Gray of Southfield, county Haddington, and died October 1801, leaving issue —
James, born in 1788, a merchant at Savannah, married in 1827, and died in 1841, leaving one daughter, wife of Juan Macias, merchant in New York. Andrew, born in 1789, merchant at Savannah, Georgia, married Harriet, widow of Dr. Proctor, So. Carolina, daughter of James Houstoun, surgeon in the Revolu- tionary army, fourth son of Sir Patrick Houstoun of that Ilk, fifth Baronet, President of the Council of Georgia, who died at Savannah in 1762. Mr. Brown died s.p. 1835. Alison Dickson, born 17 , married 19th October 1822, Vere Warner Hussey Bogle, of The Cottage, Aberdour, county Fife, Captain R.N., only son of Charles Bogle, of the island of Tobago, and Adeliza, his wife, widow of Major M'Fie, sister and co-heir (with her sisters, Maria Anne, wife of Rear- Admiral Sir Richard Bickerton, Bart., of Upwood, county Huntingdon, mother of Admiral Sir Richard Bickerton-Hussey, Bart., K.C.B., of Wood Walton and Upwood, and Arabella, wife of Robert Moubray of Cockairny, county Fife, and mother of Lieut. -Colonel Sir Robert Moubray of Cock- airny, K.H., and of Vice- Admiral Sir Richard Hussey- Hussey, K.C.B., G.C.M.G., of Wood Walton, whose daughter Eleanor is wife of Andrew, fourteenth Lord St. John of Bletsho) of Lieut. -General Vere Warner
BROWN OF FINMOUNT. 75
Hussey of Wood Walton. Mrs. Bogle died without issue in May 1871.
5. Janet, born 27th July 1756, died 22d April 1769.
6. Margaret, born 2d October 1757, died 11th January 1768.
7. Marion, born 5th July 1771, married John Gray, solicitor-at-law,
1788 (he died 21st June 1850, aged eighty-five), and had issue, of whom there are no descendants. Her son John, Writer to Her Majesty's Signet, 1824, married his cousin Harriet, daughter and co-heir of Andrew Gray of Craigs, county Dumfries, and Southfield, county Haddington, but died s^. 1870. Mr. James Brown died 4th or 6th May 1786, at his house at Lauriston.
XVI. Beverend James Brown, twin with Bobert, 1758, licensed by the Presbytery of Edinburgh 30th January 1782, presented to the parish of Newburn, county Fife, by Mrs. Anne Craigie of Dunbarnie in Decem- ber 1783, and ordained 6th May following. He was translated to New- battle, county Edinburgh, 13th September 1786, having been presented in July by the Marquess of Lothian, and was admitted on the 4th of October. Mr. Brown in 1794 founded the village of Eskbank, which has now been greatly enlarged, and contributed the account of his parish to Sir John Sinclair's Statistical Account of Scotland. He married 3d June 1784, Helen Adam, sister of his brother's wife, and by her, who died 22d November 1814, had —
1. James.
2. Bobert, born in May 1792, licensed by the Presbytery of Had-
dington 26th March 1816 ; presented to the parish of Largo, county Fife, by General Durham ; and ordained 28th June 1821. On the Secession in 1843, Mr. Brown ceased to hold the living, and became Free Church minister of Largo ; he was author of the account of the parish in the New Statistical Ac- count of Scotland ; A Ward in the East Neuk; and A Letter to the Moderate Brethren. He married, first, 15th June 1827, Elizabeth, daughter of Christopher Lundin of Auchtermairnie,
76 HISTORY OF THE FAMILY OF
in the parish of Kennoway, county Fife. This lady, on the death, unmarried, of her sister Euphernia, in 1855, inherited that estate, which has since been sold ; and, with her husband and family, assumed the surname of Lundin, in adJition to and before that of Brown. Mrs. Lundin- Brown died 12th February 1868, having had issue —
James Lundin, born 4th April 1828,M.D., married, 21st Feb- ruary 1871, Sarah, daughter of T. 0. Stevens of Obern Hill, Bristol. This lady died 2 2d December of the same year, and Dr. Lundin- Brown 2d May 1872, at Malvern. Richard Lundin- Brown, born 7th November 1829, present representative of the family of Lundin of Auchter- mairnie, of which a notice will be found in the Appendix, married, 13th April 1871, Margaret, daughter of Charles Maitland Christie of Durie, a Deputy-Lieutenant of the county of Fife, and Mary Butler, his wife, daughter of the Honourable Robert Lindsay of Balcarres, and has Elizabeth Mary, born 16th November 1872. Robert Christopher, born 17th November 1833, vicar of Lineal-cum-Colemere, county Salop, 18 , vicar of Rhodes, county Lancaster, 1874, author of The Life of Peace, died, unmarried, in London 16th April 1876. William Clephane, born 29th August 1836, a civil engineer, married, 3d April 1878, Eliza, daughter of Evans Prout, of Willow Grove, county Haldimand, Ontario, and has Helen Mary and Emma Elizabeth, twins, 1879, and Mina and Theodore, also twins, born 13th August 1881. Arthur, born 1st June 1840, of the Honourable East India Company's naval service, died, unmarried, in India 1868. Helen, married, 28th February 1860, the Reverend Thomas Stothert, Free Church minister at Lumphanan, county Aberdeen, younger son of the late William Stothert of
VON CORVIN WIERSBITZKI,
Lord of Gehlweiden, East Prussia.
Vert, a Horseshoe in base or supporting a cross patee of the second, thereon a Crow rising sable holding in its beak a Gold Ring.
(Armorial Genera!, par J. B. Rietstap. Notices sur les Families Illiistres de la Pologne, v. Krasinski.
SCOTT ft FERGUSON. COINBURGH
BROWN OF FINMOTJNT. 77
Cargen and Blaiket, in the Stewartry of Kirkcudbright,
a Deputy-Lieutenant, and Captain in the Coldstream
Guards; she died at Pau, 24th December 1880, s.p.
Mr. Stothert married, secondly, 14th September 1882,
Grace Catherine, daughter of Rear-Admiral Duncan
Campbell of Barbreck, county Argyll.
Emma Elizabeth, died, unmarried, in London 10th April
1878.
The Rev. Robert Lundin-Brown married, secondly, at Breslau,
28th September 1870, Marie Wilhelmina Henriette Pauline, elder
daughter and co-heir of Colonel Louis von Corvin-Wiersbitzkij, Prussian
Royal Artillery, and Pauline, his wife, nee Baroness Knobelsdorff. Her
only sister married Eberhard von Leukanos, Lord of Schrine, in Silesia,
and has issue. Mr. Lundin-Brown died at Largo 9th April 1877. The
following notices in reference to him appeared in the public prints : —
THE LATE EEV. E. LUNDIN-BROWN.
Sir, — It is perhaps worthy of notice that this gentleman, whose death, after being minister of the parish of Largo, and afterwards of the Free Church there, for nearly fifty-six years, Is mentioned in your paper of yesterday, had a very long clerical pedigree :—
1 . Mr. James Brown (second son of Robert Brown of Finmount, in Fife), minister of East Calder, 1665, died 1691.
2. Mr. John Brown, minister of Abercorn, 1700, married Elizabeth, daughter of the well-known Mr. David Williamson, minister of St. Cuthbert's, and died 1 743.
3. Mr. James Brown, minister of Melrose, 1748, of New Greyfriars, Edinburgh, 1767, and of the New North Church, 1768 ; Moderator of the General Assembly, 1777 ; died 1786.
4. Rev. James Brown, minister of Newburn, 1784, Newbattle 1786, died 1812 ; the Rev. John Tod Brown, minister of Dunfermline, 1837-44, and afterwards in holy orders in the Church of England, who died in 1873, was one of his sons.
5. Rev. Robert Lundin-Brown, Largo, 1821-77.
6. Rev. Robert Christopher Lundin-Brown, vicar of Lineal-cum-Colemere, co. Salop, and latterly vicar of Rhodes, in Lancashire, died 1876. — I am, &c, S.
Edinburgh. April 12, 1877.
78 HISTORY OF THE FAMILY OF
DEATH OF EEV. MR. BROWN, OF LARGO.
In the death of the Rev. Robert Luiidin-Brown, the Free Church minister of the fishing village of Largo, Fifeshire, which took place on Monday, another of the rapidly diminishing band of pre-Disruption worthies has passed away. He was in his 85th year, and his labour in the ministry extended over a period of more than half-a-century. He was ordained in 1821, and was settled in Largo as an Established Church minister, but left the Establishment at the Disruption, and to the people who adhered to him he continued to minister. In his long lifetime he was enabled to do many works of useful- ness, and was a faithful pastor. One notable incident in his life must not be omitted in a notice of Mr. Brown. It was he who rescued Dr. Candlish from a watery grave in Largo Bay. Dr. Candlish was a passenger on board the steamer running from Leith along the East Coast. He was going to land at Largo, and in order to do this it was necessary to come ashore in a small boat. The water in the bay was decidedly rough, and the boat was swamped at some distance from the beach. Candlish, among others, was precipitated into the sea, and the subject of this notice, who was waiting on the shore, dashed into the water, and, at great risk to himself, laid hold of his friend, and delivered him from a position of imminent danger. Mr. Brown was twice married, and his second wife survives him.
His widow married, secondly, 1st June 1882, Reverend Donald
Fergusson, minister of the Free Church of Leven, Fife, younger son of
Fergusson, of Easter Dalnabreck, county Perth, whose first wife
was a daughter of Colonel William Balfour, 8 2d Regiment, of the
family of Balfour of Trenaby.
3. John Tod Brown, born , licensed
by the Presbytery of Dalkeith 12th August 1828, presented by the Crown to the second charge Dunfermline, and ordained 11th May 1837; left this in 1844, to take the pastoral charge of the Presbyterian Church, Rodney Street, Liverpool, and in 1847 removed to the Caledonian Church, London. In 1849 he resigned, and on the 23d December of that year was admitted to deacon's orders, by the Bishop of London, and to those of priest 14th June 1851, when he became curate of Chenfield, county Essex, and subsequently chaplain of the Minster Union in Kent, and of the City of London Mission at
BROWN OF FINMOUNT. 79
Homerton. He married, 11th October 1837, Lucy, daughter of Richard Joseph, merchant in London, whom he divorced ; they had no family. Mr. John Tod Brown was author of The Visit of Her Majesty contemplated in a Religious Aspect, Edin- burgh, 1842 ; A Parting Statement, Liverpool, 1844; and The Union of Christians, a poem, London, 1846 ; Moral Murder, etc. He died 8th January 1873.
1. Marion, born , died unmarried 186 .
2. Isabella, married Henry Eugene Perrin, Dublin, and died, s.p., in
Edinburgh, 28th May 1873.
3. Violet, married 31st January 1837, Captain Thomas Chrystie,
R.N., representative of Chrystie of Balchrystie, in the parish of Newburn, county Fife, and died, without issue, 11th March 1870.
4. Elizabeth, died unmarried.
5. Helen, married Alexander Brown, and left issue. The Reverend James Brown died 30th March 1812.
XVII. James Brown, born , was an accountant in Edinburgh,
and President of the Society of Chartered Accountants there from 1853, when it was founded (they were incorporated by royal charter the follow- ing year), till his death, 2d February 1864. He married, first, Anne, second daughter of Colonel William M'Kerrell, of Hillhouse, in the parish of Dundonald, county Ayr, and by her, who died in 1832, had —
1. James Adam.
2. John M'Kerrell, married Elizabeth Agnes, daughter of William
Renny, of Daneville, in the Stewartry of Kirkcudbright, and has —
James, Chartered Accountant in Edinburgh, married, 20th September 1881, Harriet Elizabeth Westwood, daughter of Lieutenant-Colonel P. Dods, Bombay Staff Corps. John William. Henry Hay.
80 HISTORY OF THE FAMILY OF
Robert Edward M'Kerrell.
Margaret Anne, married, in 1867, Robert Howden, Esq.
Elizabeth.
Annie, married, 20th September 1883, George J. Forsyth- Grant, Advocate, younger son of William Forsyth - Grant, of Ecclesgreig, county Kincardine.
Roberta, died in 1867.
3. Robert, a merchant hi Bombay, born 2d November 1822, died,
unmarried, 3d February 1864. A memoir of this gentleman was published in 1866, by his sister, Mrs. Colvin.
4. William, born 25th May 1830 ; entered the Bengal Artillery as
Second Lieutenant on 9th June 1849 ; was transferred to the Royal Artillery on the amalgamation of the Queen's and Company's Services hi 1861 ; served during the Indian Mutiny ; retired, with the rank of Lieutenant-Colonel, in 1872 ; married, 8th October 1862, Fanny, tbird daughter of William Edmund Lycett, Esq. , of Bowdon Vale, Cheshire, and had issue — Harriette Gordon, born February 1864. She died at
Sangor, Central India, on the 15th August 1865. Annie Frances, born 14th December 1864. Mrs. Brown died at Sangor, Central India, on the 15th • August 1865.
1. Anne, married, 13th April 1841, Adam Hay-Gordon, of Avochie,
county Aberdeen, and Mayen and Ardmealhe, county Banff, a Deputy-Lieutenant of the latter county. Her daughter, Anne M'Kerrell, married, in 1871, the Honourable William Trevor Kenyon, and her only son is married to Helen F. Elphinstone- Dalryniple, granddaughter of the late Sir Robert Dalrymple- Horn-Elphinstone, Bart.
2. Helen, married the Reverend Robert Francis Colvin, minister of
the parish of Kirkpatrick-juxta, county Dumfries, younger brother of William Colvin of Craigielands, near Moffat, and died 26th September 1873, leaving issue. Mr. James Brown married, secondly, Anna, the widow of John
BROWN OF FINMOUNT.
M'Kerrell, Esq., elder brother of the present William M'Kerrell, of Hillhouse, daughter of Herbert Buchanan, of Arden, county Dumbarton. She died 14th October 1880, without issue by him, but had one daughter, Johanna, by first husband.
XVIII. James Adam Brown, born , a Chartered Accountant in
Edinburgh; on the death without issue in 1853 of his uncle, Henry M'Kerrell of Hillhouse, he became co-heir of that family, seated there for more than three hundred years, and bearing for arms, azure, on a fess or three lozenges gules, a bordure engrailed argent.
He married, in 1866, his cousin Madeline, daughter of the Reverend Alexander Hill, D.D., Professor of Divinity in the University of Glasgow, and Margaret, his wife, daughter of Major Crawfurd of Newfield, county Ayr. Mrs. Brown is descended from the family of Hill, of Lamb- hill, county Lanark ; arms, azure, a mount or, with the rising sun appear- ing over the top thereof. Her cousin -german, Letitia, daughter of Colonel Crawfurd, of Newfield, is wife of William Henry, third Lord Bolton.
iff" I 6
APPENDIX
OF
NOTES AND PROOFS.
I. Charter of Donald, Earl of Marr, to his cousin, Sir Nicholas de Haya, of the lands of Dorlaw or Dronlaw, Spalding Club Miscellany, vol. ii. 312.
II. The filiation of the earlier generations is here stated conjecturally ; the charters given below prove that this Adam was ancestor, probably grandfather, of Sir John ; that Sir John was son of an Adam, and father of David of Glendristona and others.
III. Eobertson's Index of Missing Charters, p. 14, " Vicecomitatus de Air": —
" 100 Carta, To Henry Annan, the lands of Aughmdraine, quas Kobertus Broun, forisfecit.
101 „ To William Lindsay, channon of Glasgow, the forfathere of Adie
Brown in vie. de Air.
102 „ The gift of Adam Brown to St. Michael, in ecclesia parochiali de
Air."
IV. Beferences given in the text to Registrum Aberdonense, Book of Perth, etc.
Eobertson's Index of Missing Charters, p. 16 ; Vicecomitatus de Aberdein, p. 17 : — "47 Carta, To Sir John Broun, knight, of the thanedome of Fromartie, in vie. de Abd."
Charter of Confirmation by Donald, Earl of Mar, to the monks of Cupar, printed in Antiquities of Aberdeen and Banff, vol. ii. p. 313, "domino Johanne Brune milite," one of the witnesses.
The Resignation of Gillandriston is as follows : — " Universis Sancte Matris Ecclesie filiis presens scriptum visuris vel audituris Agnes de Morthingtoun filia et heres domini Petri de Morthingtoun militis salutem in omnium salvatore. Noverit universitas vostra me non vi dolo vel metu sed sponte pure ac sirupliciter pro me heredibus meis et successoribus quibuscunque vendidisse Johanni filio Ade Bruning ac in personam suam titulo vendicionis transtulisse totam terram de Gillandristoun in le Garviach cum omnibus suis pertinenciis libertatibus et aysiamentis quibus- cunque ad dictam terram pertinentibus seu quoquomodo pertinere valentibus eciam
84 APPENDIX.
si de eisdern specialeni oporteret facere niensionem pro trescentis et sexaginta marcis bonorum et legaliurn sterlingorum milii preinanibus persolutis de qua pecunie summa dictum Johannem quietum clamo per presentes Et renuncio in hac parte excepcioni non numerate pecunie ac doli que posset opponi. Et ad hoc fideliter et inviolabiliter observandum fidem rneam in manibus venerabilis patris domini Willelmi de Lambertoun dei gracia Episcopi Sancti Andree prestiti corporalem et nichilominus juravi tactis sacrosanctis evangeliis in presencia universorum prelatorum in concilio apud Perth nono die mensis Julii Anno domini millesimo 'ccc. vicesimo primo congregatorum me dictam vendicionem meara Katam et firmam habere inperpetuum pro me et heredibus meis et successoribus nee contra eandem directe vel indirecte per me vel per alium quomodolibet venire in futurum. Et si contingat me heredes meos vel successores contra predictam vendicionem in aliquo de facto cum de Jure non potero contravenire obligo me heredes meos et successores ad solvendum dicto Johanni heredibus suis successoribus et assignatis ducentas libras sterlingorum priusquam. Idem Johannes heredes sui successores vel assignati mihi heredibus meis successoribus vel assignatis super predicta terra in aliquo teneantur respondere. Et nichilominus ad mille libras sterlingorum persolvendum tarn fabrice Ecclesie cathedralis Civitatis Sancti Andree quam Ecclesie cathedralis Aberdonensis, Et ut presens mea vendicio et Juris translacio plenam optineat roboris firmitatem ex habundanti Renunciavi resiguavi ac sursum reddidi in pleno parliamento tento apud Perth die et anno supradictis in manibus serenissimi pvincipis domini Roberti dei gracia Regis Scottorum illustris cum fusto et baculo totam predictam terrain de Gillandristoun cum singulis pertinenciis suis supradictis. Quiquidem dominus Rex tarn ut Rex Scocie quam ut heres bone memorie domini Roberti de Bruys superioris domini predicti tenementi de Gillandristoun prefato Johanni heredibus suis et assignatis pure simpliciter ac libere dictam terrain et tenementum cum suis pertin- enciis ut est dictum contulit ac eundem de dicta terra infeodavit et ipsum de eadem investivit. Et ad omnia singula premissa sine fraude observanda obligo me heredes meos successores assignatos et executores ac omnia bona nostra mobilia et immo- bilia ubicunque fuerint inventa nullo proponendo obstante. Et ego heredes mei successores et assignati predictam terram cum suis pertinenciis prefato Johanni heredibus suis successoribus et assignatis warantizabimus et defendemus in perpetuum. Et renuncio per fidem excepcioni doli mali et in factum accioni ac excepcioni que posset opponi de decepcione ultra medium justi precii literis Episcopalibus regiis vel papalibus impetratis vel impetrandis ac omni alio remedio tarn Juris canonici quam civilis per quod robur presencium aliquo modo poterit irritari. In cujus rei testi- monium in presencia predictorum prelatorum presentibus literis sigillum nieuni apposui. Et quia sigillum meum minus est cognitum sigilla venerabilium patrum dominorum Willelmi de Lamberton, Willelmi de Sancto Claro, Henrici le Chene, Johannis de Kyninmonth, et Ferchardi Beleraumbe dei gracia Sancti Andree, Dunkeldensis, Abirdonensis, Brechenensis, Cathanensis Episcoporum ac Nobilium virorum dominorum Gilberti de Haya Constabuli Scocie et Roberti de Keth marescalli ejusdem presentibus apponi procuravi. Datum apud Perth decimo die
APPENDIX. 85
mensis Julii Anno domini millesimo trecentesimo vicesimo primo. — Acts of the Parliaments of Scotland, vol. i. p. 478.
Sir John occurs as Sheriff of Aberdeenshire in the Exchequer Rolls, 1328; as farmer of the burgh of Fyvie, 1331-32.
IV. (1.) Fordun, Buchanan, Sir James Balfour, Book of Perth, Registruru Magni Sigilli.
IV. (1.) Robertus dei gratia Rex Scottoruin, Omnibus, etc. Sciatis nos dedisse et concessisse dilecto consanguineo nostro Johanni de Roos et Johanni Lyoune omnes et singulas terras et redditus cum pertineutiis que fuerunt quondam Ade de Paxton et eciani Ricardi Broune infra vicecomitatum de Berryk nos contingentes racione foris- facture eorundum. . . Tenendas et habendas dictis Johanni et Johanni eorundum heredibus et assignatis, etc. Faciendo de dictis terris racione forisfacture contingen- tibus servicia debita et consueta . . . Apud Glenschee, xxvij1110 die Junij Anno regni nostri sexto (1377).— Reg. Mag. Sig. Rot. v. No. 20.
IV. (2.) Robertus, etc., Omnibus, etc. Sciatis nos dedisse et concessisse dilecto consanguineo nostro Willelmo comiti de Douglas omnes et singulas terras foreste de Cabrauche ac dimidiam davatam terre de Auchmayre cum servicio liberetenentis alterius mediatatis dicte davate que dicitur Clouethe cum pertinenciis infra vice- comitatum de Banffe que fuerunt David Broune de Glendristona et quas idem David nobis sursum reddidit et resignavit. Tenendas et habendas eidem Willelmo heredibus suis et suis assignatis de nobis et heredibus nostris in feodo et hereditate. Faciendo inde servicia debita et consueta. In cujus rei testimonium, etc. Testibus, etc. Apud Edynburghe nono die Januarij anno regni nostri tercio (1374). — Reg. Mag. Sig. Rot. ii. 47.
IV. (2.) Carta Alexandri episcopi Aberdonensis super terra de Carchrony Thome Nory concessa, —
Universis sancte matris ecclesie filiis ad quos presentes litere pervenerint Alexander permissione divina ecclesie Aberdonensis minister humilis decanus et capitulum ejusdem salutem in Domino sempiternam. Cum in pleno capitulo nostro die Martis proximo post festum beatorum Philippi et Jacobi apostolorum anno Domini millesimo trecentesimo sexagesimo David Brown filius et heres quondam domini Johannis Brown militis vassalus ecclesie nostre de terra de Carchrony cum pertinentiis personaliter constitutus non vi dolo vel metu coactus set de amicorum suorum consilio consultus et informatus verum etiam considerans et attendens se esse impotentem ad supportandum onera et servicia diversa nee non ad persol- vendum annuam pensionem nobis et dicte ecclesie de dicta terra debitam considerato propinquo gradu consanguinitatis Thome Nory sibi attinentis et potentis ad hujus- modi onera et servicia diversa et annuam pensionem subeundam cujus proavus quon- dam Adam Brown in conflictu de Fawkyrke pro libertate et jure ecclesie nostre
86 APPENDIX.
mortem subivit propriis manibus suis per fastum et baculum sursum reddiderit et simpliciter resignavit omne jus et clamium quod idem David habuit et habet vel habere potuisset quomodolibet infuturum in dicta terra de Carchrony cum pertinentiis a se et beredibus suis ad infeodandum predictum Thomam hereditarie de eadem pro perpetuis temporibus presentibus et futuris. Noveritis nos unauimi concensu et assensu nostra babito super hoc diligenti et sufficienti tractatu pensatis eciam gratis servitiis et auxiliis predicti Thome nobis et dicti ecciesie nostra factis et impensis dedisse concessisse et hac presenti carta confirmasse predicto Thome Nory pro homagio et servicio suo nobis et dicte ecciesie impenso et impendendo predictam terram de Carchrony cum omnibus metis suis et rectis devisis ac justis pertinentiis universis. Tenendam et habendam eidem Thome Nory et duobus beredibus de nobis et successoribus nostris ac ecclesia supradicta in feodo et hereditate in moris maresiis pratis pascuis et silvis in venationibus aucupationibus et piscariis in molendino brasina et fabrili in petariis boscis at planis ceterisque libertatibus et aysiamentis tarn non nominatis quam nominatis ad dictam terram spectantibus seu spectare valentibus infuturum. Eeddendo inde nobis et successoribus nostris idem Thomas et heredes sui supradicti centum solidos sterliugorum annuatim nomine feodofirme ad terminos cujuslibet anni usuales per equales portiones et faciendo quolibet anno tres sectas ad tria nostra placita capitalia de Kane pro omnibus aliis serviciis exacti- onibus seu demandis que de dicta terra cum pertinentiis aliqualiter exigi poterunt vel requiri. Nos vera predicti episcopus decanus et capitulum totam predictam terram cum pertinentiis prefato Thome et beredibus suis predictis contra ramies homines et feminas warandizabinius acquietabimus et inperpetuum defendemus. In cujus rei testimonium presenti carte sigillum nostrum vna cum sigillo communi capituli nostri vna etiam cum subscriptionibus decani et canonicorum tunc ibidem presentium et concentientium est appensum in capitulo supradicto vicesimo die mensis Augusti anno prenotato.
Ego Eobertus Boyle precentor consentiens subscribo.
Ego Johannes de Dumbrek cancellarius subscribo.
Ego Willelmus de Ormiskirk thesaurarius subscribo.
Ego Oliverus de Fores canonicus subscribo.
Ego Eobertus de Camera canonicus ecciesie consentiens subscribo.
Et ego Willelmus de Calabyr canonicus consentiens subscribo.
Registrum Episcopatus Aberdonensis.
IV. 2 David, 3 John, 1 Emma.
De tribus croftis infra burgum de Aberden Willelmo de Leth venditis.
Vniversis hanc cartam visuris vel audituris Johannes de Softelaw burgensis de Aberden et Emma Browne sponsa ejusdem eternam in Domino salutem. Noverit universitas vestra nos cum consensu et assensu Dauid Browne et Johannis Browne fratrum predicte Emme et filiorum quondam domini Johannis Browne militis non vi coactos dolo nee fraude inductos sed pro nostra evidenti utilitate commotos concessisse,
APPENDIX. 87
ac precise veudidisse necnou orunino et imperpetuum a nobis et heredibus nostris et nostris assignatis quieta clamasse et hac presenti carta nostra confirmasse Willelmo de Leth burgensi de Aberden tria crofta et duos redditus annuales infra burgum et libertatem burgi de Aberden jacentes. Quequidem crofta et redditus annuales ex nostro mero conquestu a David Browne predicto procuravimus quorum unum de dictis croftis jacet infra territorium croftorum ad finem vici furcarum inter terram quondam Duncani filij Galfridi versus occidens ex parte una et viam regiam qua itur a burgo de Aberden versus domos leprosornm versus oriens ex altera; aliud crof- tum jacet inter viam qua itur a domibus dictorum leprosorum versus le Stok'otis versus austrum ex parte una et montem qui dicitur le Spytelhylle versus boream ex altera ; ter- tium vero croftum jacet infra territorium croftorum de Futy inter terram Laurencii filij David versus boream ex parte una et terram Duncani Margreve versus austrum ex altera, et unus annuus redditus sex solidorum et octo denariorum sterlingorum jacet in ilia terra cum pertinentiis quam tenet Laurencius Alius David jacente in vico de Futy inter terram predicti Laurencij versus boream ex parte vna et terram Duncani Margreve versus austrum ex altera, alius vero annuus redditus quatuor solidorum sterlingorum jacet in ilia terra cum pertinentiis quam tenet Adam de Ledhuss jacente in vico de Futy inter terram abbatis de Londoris versus austrum ex parte una et terram predicti Ade versus boream ex altera ; pro quadam summa pecunie quam pre- dictus Villelmus pro vero valore dictorum triuni croftorum et duarum annualium red- dituum die confectionis presentis carte in nostra grave necessitate et paupertate pro- bata ad sustentationem vite nostre et liberorum nostrorum et ad debita nostra adquietanda in quibus erga plures extitimus onerati bene et fideliter in sicca pecunia numerata nobis persoluit unde nos pro nobis et heredibus nostris et nostris assignatis bene tenemus contentos et pacatos. Tenenda et habenda predicto Willelmo heredibus suis et suis assignatis pure et imperpetuum a nobis et nostris heredibus et assignatis libere quiete plenarie honorifice bene et in pace sine aliqua reclamatione seu revoca- tione nostrum vel heredurn nostrorum seu aliorum quorumcunque nomine nostro vel ex parte nostra in futurum. Nos vero predicti Johannes et Emma heredes nostri et nostri assignati tota predicta tria crofta cum duobus annuis redditibus ut prescriptum est predicto Villelmo heredibus suis et suis assignatis pro predicta pecunia ut premit- titur soluta et in nostram utilitatem conversa contra omnes homines et feminas varantizabimus acquietabimus et imperpetuum defendemus. In cujus rei testimonium presenti carte sigilla nostra sunt appensa necnon et sigillum David Browne predicti et ad majorem securitatem sigillum commune burgi de Aberden apponi procuravimus, Datum apud Aberden primo die mensis Julij anno Domini millesimo tricentesimo sexagesimo tertio, hiis testibus Malcolmo Wyth, Waltero de Ettale, Willelmo de Perys, Willelmo de Gorh'ne Duthaco de Carnegy, Boberto Bullok — et multis aliis. — Registrum Episcopatus Aberdonensis.
V. Super dissensione inter Johannem Broune de Migmar et Bobertum de Umfraville. In parliamento tento apud Scon xn. Junii mccclxviii. die ix. parliamenti, — Cum mota fuit dissensio per verba inter Johannem Broun de Migmar et
88 APPENDIX.
Eobertuni de Umfraville capta t'uit securitas de mandato Regis sub pena quingen- tarum librarum ex parte ntralibet quod alter ab altera erit indempuis publice et occulte aliter quam per viam juris. Plegiis pro dicto Johanne domino Comite de Marre et domino Duncano Walays. Et pro dicto Roberto domino Willelmo de Kethe. — Acts of the Parliaments of Scotland, vol. i. 148 ; Antiquities of Aberdeen and Banff, vol. ii. p. 42.
VII. and VIII. — Vitcc Dunkeldensis Ecclesia Episcoporum, ab Alexandro Myln, imssim ; Scots Acts, Acta Dominorum Concilii, Acta Dominorum Auditorum, Duncan Stexvart's History of the Steivarts, Fasti Aberdonenses, Book of Perth.
1488. October 23. The Lords of Council sitting at Edinburgh, " decretis and deliveris that David Scot of Petlour sail content and pay to George, bischop of Dun- kelden, and as successor to James, umquhile bischop of Dunkelden, the soume of xij H. usuale money of the realme, for the teynds of Nochnare,1 within the parochioun of Stramiglo, of vj yeres bigane, takin up and intromett with be the said David, as wes sufficiently preifit before the lords, and ordanis our soverane lord's lettrez be direct to distrenze him, his lands and gudes, herefore, and for xl. s. to his costs. And the said David was lauchfully summond to this accioun oft times callit, and not comperit.
1489. February 27. The Lords of Council decretis and deliveris that James erle of Buchane, sail restore, deliver, content, and pay to a reverend faider in God, George bischop of Dunkeld, xxj marts and a quarter of a mart, thre mutouns, twa chalders of mele, price of the boll, xiij s. iiij d. ; out of a boll, thre chalders of mele, out of his girnale, price of the boll, xiiij s. iiij d. ; ij bollis of aits, price of the boll, viij s. ; five turs of hay, price of the turs, xl d. : thre chalders of mele cumand fra Dunkeld, price of the boll, xiij s. iiij d. ; thre malvysy bacs, price of the pece, viij s. vj d. ; a ham barrel, price iij s. ; a warestall, price xxvj s. viij. d. ; twa pare of hoisting crelis, price of the pare vj s. ; a gret pot, price iiij li. ; a lesser pot, xxiiij s. ; a caldroune, price fifty s. ; a spet, price xx s. ; a nop bed, price xvj s. ; four bousteris, price xx s. ; vij cuschings, price iij li. ; a chandelare, price iiij s. ; burds, trests, and utheris diveris gudis, insicht of houshald, price x li., quhilkis gudis wer spulzeit and takin be the said James and his complices, as wes sufficiently prefit before the lordis ; and ordinis our souerane lordis lettrez be direct to distrenze the said James his lands and gudis herefore, and he wes summoned to this accioun oft tymes callit and not comperit, and assignis to the said Reuerend faider the xv day of Junij next to cum, with continuacioun of dayis, to preif the availe of the said martis and muton, and ordanis him to have lettrez to sumond his witnes and the parties to here suoru.
1490. November 5. Before the Lords of Council. Anent the accioun and cause persewit be a Reverend faider in God, George, bischop of Dunkelde, aganis Thomas Ogilby, son and are to umquhile Alexander
1 Now Knocknarry.
APPENDIX. 89
Ogilby of Arnetibir, for the wrangwis witkhaldin fra the said reverend faidir of the soume of fifty sex H. usuale money of Scotlande, recoverit be the said reverend faider upon the said umquhile Alexander, and for the withalding fra the said reverend faider of thre chalderis of bere and mele as is contenit in the summonds, baith the saidis partiis beand present be their procurators, because it was denyit be the pro- curator of the said Thomas that he wes are to the said umquhile Alexander, or intrometit with his areschip, movable or unmovable ; the Lordis of Consale therefore assignis to the said reverend faider the thrid day of Marche nixt to cum, with con- tinuacion of dais, to preif that the said Thomas is are to the said umquhile Alex- ander, and intrometit with his areschip, movable or unmovable ; and ordinis him to haf lettrez to summond his witnes, and that the parties ar summoned be the pro- curators appearand actually, and contenewis the summonds in the meyntyme, in the same forme and effect as it now is but prejudice of parties.
1491. July 16. At Edinburgh. The lordis of Consale decretis and deliveris that Sir Robert Abircrummy of that like, knycht, and Johne Lyoun, sone and aperand are to Johne lord Glammis, pertendit Justicez, to George, bischop of Dunkelden, has done wrang in the journay- ing and proceding aganis the tenants of the barony of Dalbaty and Inverquhothill, pertening to maister Alexander Inglis, dene of Dunkelde, because the said Sir Eobert and Johne procedit againis thaim efter that the fforsaid bischop and the said Sir Robert and Johne wer chargeit be our soverane lordis letrez to decist of the proceding aganis the saidis tenentis, as wes preffit be the indorsing of the said lettrez, schewin and producit before the lordis ; and therefore decernis the said process led aganis the said denis tenents of nane avale, force nor effect in tyme to cum ; and also decrettis and deliueris that Robert Carny, Johne Irwin, and Richard Broune, pretendit croun- aris to the said bischop, has done wrang in the takin fra the personis underwrittin of the gudis efter folowand out of the forsaid lauds of Dalbaty, that is to say, fra Robert Young, out of Stantoune, twa oxin, price iij li. ; fra ane Baty of Dalbaty, twa oxin, price iiij merkis ; fra Andro Donaldsoune, twa oxin, price iiij merkis ; fra Patrik Saulemane, twa oxin, price iiij merkis ; from Johne Pennycuk of Straluchy, twa oxin, price iij li. ; and also that Richard Broune and Johne Irwin did wrang in the takin of thir gudis underwrittin out of the saidis landis of Inuerquhothill, of xij hed of nolt, youngare and eldare, price xij li. ; xx bollis of aits, price fifty s. ; viij bollis of ber, price xl s., and ane gillote, price x s. ; because the saidis personis tuk the saidis gudis contrare the tenor of the said letrez, as wes sufficiently prefit before the lordis ; and therefore ordinis thaim to restore and delivere agane the samyn gudis to the personis and grond at thai wer takin fra ; and ordinis our soverane lordis lettrez be direct to distrenze the saidis personis ther laudis and gudis herefore, and thai were summond to this accioun to answer to the kingis hienes thereupon oft tymes cailit and not comperit.
1492. July 9. In presens of the lordis of consale James Hering of Tulybole
M
90 APPENDIX.
and maister James Fentomie, procurator for a Eeuerend faider in God, George, bischop of Dunkelden, comperit and grantit, consentit and promittit in the naim of the said reuerend faider that for the Cessing of the Summonds of Errour purchest be James Forthringhaim the sone and are of umquhile James Fothringham of Fordale, apone certane persones quhilk past apon the serving of a breif off Inquest of our soverane lordis chapell purchest be the said James apon the saidis landis of Fordall, That giff it plessit the said James to raise and tak new breves apon the saidis landis to be proclamit lauchfully apon xv dais, to be servit in Perth, the said Eeverend faider sail nothir be him self, his procurators, nor nain utheris in his Name, propone ony exceptioune of Cursing led or to be laid againe the said James, nor yit allege nor schew the Eetour maid and gevin in the said matter of before in stoping of the serving of the said brevez, nor nain uther frewolle exceptioun, bot again the assise na the said James sail and may persew the said brevez and matters the day that thai sail be proclamit to alse frely as he micht haf done the tyme of the decease of his said umquhille faider.
1492. July 12. Before the Lords of Council The actioune and cause persewit be a Eeuerend faider in God, George, bischop of Dunkeldene, "Walter Arnot, and Eichard Broune, his factors, aganis Johne Patonsone, duelland in south Fery of Portin- crag, ffor the wrangwis detentioune and not delivering of four skore of sparres, price of the pece iij s. ; xl gestes, price of the pece v s., and xxxv plankes, price of the pece iiij s., as is contenit in the Summondes, Is be the lordes of counsale contenewit to the viij day of October nixt to cum, with continuatioun of dais in the samyn forme and effect as it now is but prejudice of parties, and ordinis the witnes that wer now takin be closit in the meyntyme, and may witnes summoned gif ther ony be.
VIII. Eichard of Fordell.
1493. — Carta confirmationis Eicardi Brovne super carta sibi facta per Georgeum Episcopum Dunkeldensem suum fratrem etc., —
Jacobus dei gracia Eex Scotorum Omnibus probis hominibus tocius terre sue clericis et laicis salutem Sciatis nos quandam cartam indentatam donationis et feodifirme factam per Eeverendum in Christo patrem nostrumque consiliarium dilectum nostrum Georgeum episcopum Dunkeldensem cum consensu et assensu sui capituli capitulariter congregati sub suo sigillo ac sigillo dicti capituli et eorum subscriptioni- bus manualibus Dilecto nostro Eicardo Brovne suo fratri et Elizabeth Arnote sue sponse et ipsorum alteri diucius viventi et heredibus suis rnasculis inter ipsos legit- time procreatis seu procreandis de omnibus et singulis terris de ester Fordale cum molendino Blastrowe et cot townis cum suis pertinentiis quibuscumque jacentibus in baronia de Dunkeld infra vicecomitatum nostrum de Pertht de mandato nostro visam lectam inspectam et diligenter examinatam sanam integram non rasam non cancellatam nee in aliqua sui parte suspectam ad plenum intellexisse sub hac forma Omnibus hanc cartam per modum indenture cirographizatam visuris uel audituris Georgeus Dei et apostolice sedis gratia Episcopus Dunkeldensis eternam in domino salutem Sciatis
APPENDIX. 91
nos cum consensu et assensu capituli nostri in capitulo nostro capitulariter congregati assedasse seu dedisse concessisse et ad feodifirmam dimisisse necnon et hac presenti carta nostra indentata imperpetuum coniirmasse dilectis nostris Eicardo Brovne fratri nostro et Elizabeth Arnote sponse sue et eorum diucius viventi et heredibus masculis inter ipsos legittime procreatis seu procreandis omnes et singulas terras nostras de Estir Fordale cum molendino Blastrowe et Cotownis ac cum vniuersis suis pertinentiis quibuscumque jacentes in baronia nostra de Dunkelden et infra vicecomitatum de Pertht Tenendas et habendas omnes et singulas prenominatas terras de Estir Fordail molendinum eiusdem Blastrowe Cotownis cum pertinentiis predictis Eicardo et Eliza- beth eius sponse et eorum diucius viuenti et heredibus masculis inter ipsos legittime procreatis seu procreandis de nobis et successoribus nostris coniuncto in feodofirma et hereditate imperpetuum quibus forte deficientibus nobis et successoribus nostris libere et sine dimcultate reversuras per omnes rectas metas suas antiquas et divisas prout jacent in longitudine et latitudine ex omni parte In boscis planis moris marresiis viis semitis aquis stagnis rivolis pratis pascuis et pasturis molendinis multuris et eorum sequelis aucupationibus venationibus piscationibus petariis turbariis carbonariis lapicidiis lapide et calce fabrilibus brasinis brueriis et genestis cum curiis et earum exitibus herezeldis bludwitis merchetis mulierum cum communi pastura libero introitu et exitu necnon cum omnibus aliis et singulis libertatibus commoditatibus et asia- mentis ac justis pertinentiis suis quibuscumque tarn non nominatis quam nominatis tarn subtus terra quam supra terram tarn procul quam prope ad predictas terras cum suis pertinentiis spectantibus seu juste spectare valentibus quomodolibet in futurum libere quiete plenarie integre bene et in pace sine retinemento vel revocatione aliquali Faciendo inde nobis et successoribus nostris dictus Eicardus et heredes sui masculi homagium et servicium Ac reddendo inde annuatim dicti Eicardus et Elizabeth et eorum diucius vivens heredes sui masculi supradicti nobis et successoribus nostris Episcopis Dunkeldensibus quadraginta mercas annui redditus usualis monete Scocie ad duos anni terminos usuales festa viz. penticostes et sancti Martini in hieme per equales porciones ac servicia debita et consueta necnon tres sectas ad tria placita capitalia baronie nostre de Dunkelden tantum pro omni alio onere servicio seculari exactione seu demanda que de dictis terris cum pertinentiis per quoscumque juste exigi poterunt quomodohbet vel requiri Et nos vero dictus Georgeus Episcopus et successores nostri cum consensu capituli nostri omnes et singulas prenominatas terras de Fordal Estir molendinum Blastrowe et Cotownis cum universis suis pertinentiis predictis Eicardo et Elizabeth et eorum diucius viventi et heredibus suis masculis inter ipsos legittime procreatis seu procreandis tantummodo ut predictum est in omni- bus et per omnia contra omnes mortales varantizabimus acqirietabhnus et imperpetuum defendemus In cujus rei testimonium Sigillum nostrum attenticum unacum sigillo capituli nostri presentibus est appensum apud Dunkelden decimo nono die mensis Julij anno domini millesimo quadringentesimo nonagesimo tertio Coram hiis testibus magistris et dominis Jacobo Alerdes preposito Sancti Andree Jacobo Brovne decano Abberdonensi, Johanne Bonkil vicario de Lundeiff, Waltero Ernot et Thoma Keir notario publico cum diversis aliis Quamquidem cartam ac donationem concessionem
92 APPENDIX.
et ad feodifirme dimissionem in eadem contentas in omnibus suis punctis efc articulis conditionibus et modis ac circumstanciis suis quibuscunque forma pariter et effectu in omnibus et per omnia approbamus ratificamus et pro nobis et successoribus nostris ut premissum est pro perpetuo confirmamus Saluis nobis et successoribus nostris dicti Reverendi patris et suorum successorum omnium suffragiis devotarum de dictis terris et molendino cum pertinentiis ante presentem nostram confirmationem debitis et con- suetis In cujus rei testimonium presenti carte nostre confirmations magnum sigillum nostrum apponi precepimus Testibus Roberto archiepiscopo Glasguensi, Archibaldo comite Angusie domino Douglas, caneellario nostro, Patricio comite de Bothuile domino Halis, Alexandro domino Hume, magno camerario nostro, Roberto domino Lile, Johanne domino Glammys, justiciariis nostris, Andrea domino Gray, rnagistro hospitii nostri, Georgeo abbate de Dunfermlynge, Henrico abbate de Cambuskynneth, thesaurario nostro, et dilectis clericis nostris, magistris Ricardo Mwrhed, decano Glas- guensi, secretario nostro, et Johanne Fresale decano de Lestalrig, rotulorum nostrorum et registri ac consilii clerico. Apud Striveling decimo nono die mensis Septembris anno domini millesimo quadringentesimo nonagesimo tercio, et anno regni nostri quinto.1
1494. December 11. In presens of the lordis auditours, chancellare and Comp- trollour, George, bischop of Dunkeldene, producit this letter underwrittin in maner and forme as efter followis — that is to say, Chancellare, lords of Cessioune, and audi- tours of our chekker, we charge yow that ye decist and cess of all calling of ane Reverend faider in God, and our traist Consalour George, bischop of Dunkeldene, anent the landis of Mukkersy, on to the tyme that he be callit in our presens, Swa that We may sit and se that Justice be ministerit in the said matter. Subscrivit with our hand at our abbay of Halyrud house the xj day of December, and of our regne the vij yere : Apoun the presentatioun of the quhilk letere, and discharge the said bischop of Dunkeldene askit ane not.
John Arnot of that Ilk married Marjory, daughter of John Boswell of Balmuto, and had — John, his successor. Walter Arnot of Balbarton. Florence, married Sir John Rattray of that Ilk, and was mother of Grizel, Countess of Athole. Elizabeth, married William, Lord Sempill. Helen, married Thomas Douglas of Annacroigh.
John was killed in a fight for some cattle at Bogiebushes by Livingstone of East Wemyss, who was taken prisoner, which events gave rise to a deadly feud, which long subsisted between the families ; his widow married Sir Thomas Sibbald of Bal- gonie, Treasurer of Scotland, and was by him mother of Elizabeth, Countess of Angus.
" Walter, the only brother of the Laird of Arnot, acquired the lands of Bal- barton, to which his son William succeeded. William, by Matilda Johnston his wife, left two daughters co-heiresses, the eldest, Elizabeth, was first married to Brown of Fordell, who got with her the mansion-house and half the lands of Balberton. She was afterwards married to Sir Robert Colvil of Hiltown, and from this marriage are
1 Reg. Mag. Sig., xiii. 129.
RATTRAY of that Ilk. (County Perth.)
Azure, a Fess between six Cross Crosslets fitchee or.
(Illuminated MS. of Sir David Lindsay, Lyon King of Arms, A.D. 1542.)
SCOTTS fEROU^OH EDINBURGH
APPENDIX. 93
descended the Lords Colvil, both of Culross and Ochiltree. The second, Helen, was married to Archibald Dundas of Fingask, who got by her the other half of the lands of Balberton. But Fingask conveyed his share of these lands to Brown of Fordell." — MS. Genealogy of the Arnots.
Precept for Confirmation by King James the Sixth, of charter granted by the late John, Earl of Mortoun, as superior, to the late William Arnot, son and heir of the deceased Walter Arnot of Balbartane, and to Matilda Johnstoun his spouse, in conjunct fee, and to the heirs gotten or to be gotten between them, of the lands of Wester Balbertane, lying in the constabulary of Kinghorn, barony of Aberdour, and shire of Fife, following on resignation thereof by the said Walter Arnot and Janet his spouse, reserving their own liferent : confirming also the sasines which followed thereon, and to the heirs of the said William, and especially the sasiue given to John Brown of Fordell, of one-half of the said lands, with the manor thereof, to which he succeeded by lineal descent as heir by progress of the elder of the two daughters of the said William Arnot : and the sasine given to Archibald Dundas of Fyngask, of the other half thereof, as heir by progress of the younger daughter of the said William ; together with the infeftments in their favour ; and of new confirming the right of the said John Brown, in consideration of his faithful and thankworthy service to the king. Dated at Edinburgh, 6 May 1581. — Reg. Sec. Sig., Lib. xlvii. fol. 123.
Carta Confirmations quondam Willelmi Arnote et sui Sponse. 1
Jacobus Dei gratia Rex Scotorum Omnibus probis hominibus totius terre sue clericis et laicis salutem Sciatis nos quandam cartam per quondam nostrum con- sanguineum Joannem comitem de Mortoun dominum de Dalkeith, etc. Superiorem terrarum subscriptarum factam quondam Willelmo Arnote tunc filio et heredi apparenti quondam Walteri Arnote de Balbarton inter ipsum et Jonetam suam sponsam procreato ac Matilde Johnnestoun sponse dicti quondam Willelmi eorunt- que alteri diutius viuenti in coniuncta infeodatione et heredibus inter ipsos legitime procreatis seu procreandis Quibus deficientibus legitimis et propinquioribus heredi- bus dicti quondam Walteri quibuscunque de totis et integris terris de Wester Balberton cum pertinenciis jacentibus infra constabulariam de Kinghorne in baronia de Abirdour et infra vicecomitatum nostrum de Fyff Que tunc prefatis quondam Waltero et Jonete sue sponse hereditarie pertinuerunt Et per ipsos in manibus dicti quondam comitis tanquarn in manibus eorum superioris earundum vt moris est in similibus resignate fuerunt Et tunc per dictum quondam comitem per dictam suam cartam prefatis quondam Willelmo et Matilde sue sponse in coniuncta infeodatione eorumque heredibus prescriptis iterim date et concesse erant Eeseruato tamen libero tenemento earundem prefatis quondam Waltero et Jonete sue sponse pro eorum vite diebus Tenendis de dicto quondam comite suis heredibus et successoribus : de mandate nostro visam lectam inspectam et diligenter examinatam sanam integram non rasam
1 Reg. Mag. Sig., xxxv. 389.
94 APPENDIX.
non cancellatam nee in aliqua sui parte suspectani ad plenum intellexisse sub hac forma : Omnibus hanc cartam visuris vel audituris Joannes comes de Mortoun dominus de Dalkeith, etc., salutem in domino sempiternam Noueritis nos dedisse concessisse et hac presenti carta nostra confirmasse necnon dare concedere et tenore presentis carte nostre confirmare dilectis nostris Willelmo Arnote filio et heredi apparenti Walteri Arnote de Balbertane inter eum et Jonetam eius sponsam pro- creato et Matilde Johnestoun sponse dicti Willelmi ac eorum alteri diutius viuenti in coniuncta infeodatione Totas et integras terras de Wester Balbertane cum per- tinentiis jacentes infra constabulariam de Kingorne in baronia nostra de Abirdour et infra vicecomitatum de Fyff Quequidem terre cum pertineutiis fuerunt dicti Walteri et Jonete sue sponse hereditarie Et quas idem Walterus et Joneta non vi aut metu ducti nee errore lapsi, sed suis meris puris et spontaneis voluntatibus in manibus nostris vt in manibus domini superioris earundem apud Edinburgh per fustim et baculum et suos procuratores ad hoc legitime constitutes ac suas literas patentes sursum reddiderunt pureque et simpliciter resignarunt ac eorum quilibet sursum reddidit pureque simpliciter resignavit Ac totum jus et clameum que in dictis terris de Wester Balbertane cum suis pertinentiis habuerunt seu habere potu- erunt pro se et heredibus suis omnino quieteclamarunt et eorum quilibet quiete- clamavit imperpetuum Tenendas et habendas Totas et integras predictas terras de Wester Balbertane cum pertinentiis predictis Willelmo Arnot et Matilde Johnnestoun sue sponse et eorum alteri diucius viuenti in coniuncta infeodatione et heredibus inter ipsos legitime procreatis seu procreandis Quibus forte deficientibus veris legi- timis et propinquioribvis heredibus dicti Walteri quibuscunque de nobis heredibus et successoribus nostris in feodo et hereditate imperpetuum Per omnes rectas rnetas suas antiquas et diuisas prout jacent in longitudine et latitudine In domibus edificiis boscis planis moris marresiis viis semitis aquis stagnis riuolis pratis pascuis et pas- turis aucupationibus venationibus piscationibus petis petariis carbonibus carbonariis columbis columbariis cuniculis cuniculariis siluis nemoribus et virgultis fabrilibus brasinis brueriis et genestis Cum curiis et earum exitibus amerchiamentis bluidwitis herezeldis et mulierum merchetis Cum communi pastura libero introitu et exitu Ac cum omnibus aliis et singulis libertatibus commoditatibus proficuis et asiamentis ac justis pertinentiis suis quibuscunque tarn non nominatis quarn nominatis tarn subtus terra quam supra terram procul et prope ad predictas terras de Westerbalbertane cum pertinentiis spectantibus seu juste spectare valentibus quomodolibet in futurum libere quiete plenarie integre honorifice beue et in pace sine aliquo retinemento reuo- catione aut obstaculo aliquali et adeo libere quiete plenarie honorifice bene et in pace In omnibus et per omnia sicut dictus Walterus et prefata Joneta sua sponsa aut eorum aliquis prefatas terras cum pertinentiis de nobis aut predicessoribus nostris ante presentem resignationem nobis inde factam liberius tenuerunt seu possiderunt tenuit seu possedit Beddendo inde annuatim dicti Willelmus et Matilda eius sponsa et eorum alter diutius viuens et heredes inter ipsos ligitime procreati seu procreandi Quibus forte deficientibus veri legitimi et propinquiores heredes dicti Walteri quicun- que nobis heredibus et successoribus nostris quinque marcas vsualis monete regni
DUNDAS OF FINGASK.
(County Perth.)
Argent, a Lion rampant gules armed and langued azure, in dexter chief a Crescent for difference.
{Funeral Escutcheons in the Lyon Office.)
bCOIT S FFRCUSOt. EDINBURGH
APPENDIX. 95
Scotie ad duos anni terminos consuetos Penthecostes viz. et Sancti Martini in bieme per equales porLiones medias nomine albefirme tantum pro omni alio onere exactione questione deiuanda vel seruitio seculari que de predictis terris cum pertiuentiis per quoscunque iuste exigi poterunt quomodolibet vel requiri. Eeservato tameu libero- tenemento predictarum terrarum de Westerbalbertane cum pertiuentiis dictis Waltero et Jonete sponse sue et eorum alteri diucius viuenti pro toto tempore vite eorundem Et nos vero dictus Joannes comes de Mortoun dominus de Dalkeitli heredes nostri et successores Totas et integras predictas terras de Westerbalbertane cum suis pertiu- entiis predictis Willelmo et Matilde sue sponse ac eorum alteri diutius viuenti in coniuncta infeodatione et beredibus inter ipsos legitime procreatis seu procreandis Quibus forte deficientibus veris legitimis et propinquioribus beredibus dicti Walteri quibuscunque adeo libere et quiete in omnibus et per omnia forma pariter et effectu vt prescriptum est contra omues mortales warrantizabimus acquietabimus et imper- petuum defendemus. In cuius rei testimonium sigillum nostrum presenti carte nostre est appensum Apud Edinburgh decimonono die meusis Jauuarij anno Domini millesimo quadringentesimo nonagesimo octauo Coram bis testibus Jacobo Giffert de Schirefhall, Joanne Cockburn filio et berede apparente domino de Ormestoun, Willelmo Douglas de Moffet et domino Willelmo Henrisoun capellano et Joanne Ireland nota- riis publicis cum diuersis aliis Quamquidem cartam vnacum omnibus sasiuis abbinc super dicta carta et postea heredibus et successoribus dicti quondam Willelmi de pre- fatis terris cum pertiuentiis datis et concessis Et presertim sasinam datam Joauni Broun de Fordell de vna dimedietate dictarum terrarum cum manerie earundem in qua per linealem discensum tanquam heres per progressum senioris duarum filiarum dicti quondam Willelmi Amote successit Ac sasinam datam Arcbibaldo Dundas de Fingask de altera dimedietate dictarum terrarum iu qua ipse per linealem discensum tanquam beres per progressum junioris duarum filiarum dicti quondam Willelmi suc- cessit Et similiter infeofamenta et sasinas abbinc per dictum Arcbibaklum de sua dimedietate prefatarum terrarum dicto Joanni Broun facta et concessa Prout in huius- modi iufeofamentis et sasinis latius continetur In omnibus suis punctis et articulis conditionibus et modis ac circumstauciis suis quibuscunque In omnibus et per omnia forma pariter et effectu vt premissum est approbamus ratificamus ac pro nobis et suc- cessoribus nostris pro perpetuo confirmamus Saluis nobis et successoribus nostris juribus et seruitiis de prefatis terris cum pertinentiis nobis et predicessoribus nostris ante presentem nostram confirmationem debitis et consuetis In super pro bono fideli et gratuito seruitio nobis per prefatum Joannem Broun de Fordell prestito et impenso volumus et concedimus ac pro nobis et successoribus nostris decernimus et ordinamus quod dictus Joannes heredes sui et assignati totis et integris prefatis terris cum manerie pendiculis et pertinentijs earundem tanquam sue proprietati ad eorum libi- tum voluntatis omni tempore affuturo gaudeant et possideaut absque vllo jure clameo seu titulo per nos aut successores nostros ratione cuiusuis criminis defectus seu defec- tionis subsequuti seu subsequendi ob quodcunque factum seu occasionem sui superi- oris presenti aut affuturi dictarum terrarum earundemue alicuius partis petentis exigentis seu requirentis Eenuuciando et exonerando eisdem pro nobis et successoribus
96 APPENDIX.
nostris prefato Joanni snis heredibus et assignatis Cum pacto de non petendo Ac cum supplemento omnium defectuum tarn non nominatorum quam nominatorum quos tanquam quo expressis in hac presenti carta nostra habere volumus Et similiter pro nobis et successoribus nostris decernimus et ordinamus quod hec presens nostra con- tirmatio tanti erit valoris roboris efficatie et effectus prefato Joanni suis heredibus et assignatis pro gauisione et possessione proprietatis dictarum terrarum omni tempore affuturo acsi eadem confirmatio in principio super prefata prima carta et ante sasine desuper sumptionem ac ante ceterarum sasinarum postea sequentium sumptionem data et concessa extitisset super quo ac omnibus defectibus et impedimentis que inde sequi poterint nos pro nobis et successoribus nostris per presentes dispensamus In cuius rei testimonium huic presenti carte nostre confirmationis magnum sigillum nos- trum apponi precepimus Testibus vt in aliis cartis consimilis date precedentibus Apud Edinburgh sexto die mensis Maij anno domini millesimo quingentesimo octuagesimo primo Eegnique nostri anno decimo quarto.
Out of Inventar of Fordell Broun's which Earl Balcarres hath.1
Precept be James, Earl of Morton, for seising of Walter Amot in the lands of Balbarton. Novr. 2, 1486.
Resignation be Walter Arnot in the superior's hands for infefting his son William Arnot in Balbarton. July 4, 1497.
2. Sasine of the said lands of Balbarton Wester. Janr. 24, 1498.
1. Chartour be John, Earle of Morton, to Wm. Arnot of the haill lauds of Wester-Balbarton to be holden of the said Earle. 19th Janr. 1498.
Eenunciation of a Eeversion by John de Douglas de Morton, knight, son and apparent heir to James, Earl of Morton, of the lands of Wester-Balbarton. Att Edinburgh, 12th Jun. 1493.
Discharge be George, Bishop of Dunkeld, to Richard Brown, his brother, of all accounts and reckonings betwixt them. 15th March 1491.
Gift be the King to David Brown of Finmonth, of the ward and marriage of John Brown of Fordell. Jan. 12th, 1596. David is unkle to John, as a recept of Wreats, 2d Novr. beares.
C. Confirmation be Thomas, Abbot of Jedburgh, of an infeftment of the lands of Craignathro be John Shear to Alexr. Shear, his son. Deer. 18, 1494.
Sasin of Eobert Brown of the lands of Craignathro. Augt. 6th, 1515.
Eesignation be Elizabeth Shear of the lands of Craignathro, in Abbot of Jed- burgh's hands, in favour of Robert Brown. 26th July 1515.
Two chartours be Ard. Dundas of Fingas, of the half blench lands of Wester- Balbarton, to John Brown of Fordell in Perthshire : the ane to be holden of himself, and the other of the superior. Att Burlie, 1st Novr. 1569.
Sasine to John Brown of Fordell of the half lands of Wester-Balbarton upon James Earle Morton's precept. Oct. 29, 1555.
1 Sir James Balfour's mss. in Advocates' Library, 34 G '24, p. 255.
FOULIS OF COLINTON.
(County Edinburgh, Baronet.)
Argent, three Laurel leaves slipped vert. {Lyon Register.)
5 COIIi fEHCUSOH EDINBURGH
APPENDIX. 97
C. be William, Earl of Morton, to John Brown of Fordell, then son and apparent heir to said John, the older, of the haill lands of Wester-Balbarton. At Edinburgh, March 2 2d, 1588.
Charter1 by George, Bishop of Dunkeld, to Pilchard Brown, "our brother," and Elizabeth Arnot his wife, and their heirs male, of the lands of Easter Fordell, mill thereof, Balstrowe, and the Cottouns in the barony of Dunkeld : dated, 9th July 1493. James Brown, Dean of Aberdeen, is a witness.
Katheeine Brown and Mr. James Foulis.
Crown Charter confirming charter by William Cunningham, Master of Glen- cairn, knight, lord of the barony of Beidhall, to Mr. James Foulis of Colintoun, Clerk Register, and Katherine Brown, his spouse, of the lands of Swanstoun, etc., in the said barony and shire of Edinburgh. At Edinburgh, 4th May 1538, confirmed at Edinburgh 8th day of said month and year — Reg. Mag Sig., Lib. xxvi. No. 134.
IX. Robert Brown of Fordell'.
Myln's Lives of the Bishops of Dunkeld, pp. 53, 54.
Funeral Escutcheons in the Lyon Office.
General Register of Deeds, vol. 35, folio 264 : " 12th May 1591— Obligation by James Broun, brother-german to John Broun of Fordell, to his ' guid freind,' James Tarbet, writer, for 25 bolls of victual in security of 50 merks. At Edinburgh, 2d February 1589-90."
Crown Charter of Confirmation, dated at Edinburgh 17th April 1550, of a charter by James Ogilvy of Lawes, brother-german of Alexander Ogilvy of Clovay, to John Ogilvy of Alith, and Elizabeth Broun, his spouse, in conjunct fee, and their heirs, whom failing to the heirs of the said John whomsoever, of the third part of the lands of Balharry, in the barony thereof and shire of Perth : held of the Crown in feu and heritage. At Kirimure, 11th March 1549 — Reg. Mag. Sig., Lib. xxx. No. 478.
March 14, 1554. Comperit Margaret Broun, relict of vmquhile John Spens of Condy, and schaw and opponit that hir said husband being laitlie deceissit, quha and sche hes twa dochteris, callit Jonet and Marioun Spens, lauchfull dochteris gottin betwix thame, quhilkis ar of les aige and infantis, and hes diuers and syndry actionis to persew, and therfor desyrit the lordis to git thame curators ad lites et negotia, etc. And the saidis lordis, at the desire of the said Margaret Broun, hes givin and grantit to the saids bairnis Jhone Broun of Eister Fordell, hir broder, and Maister William Schaw, Provest of Abirnetty, her moder broder, and Andro Eollok of Duncrub, conjunctlie in a matouris ad lites : quhilkis Jhone and Maister William and Andro, maid fayth in presens of the saidis lordis, that thai suld lelelie and treulie minister in the said office induring the minoritie of the saidis bairnis, etc. — Rooks of Sederunt, vol. i. fol. 99.
1 Sir James Balfour's mss. in Advocates' Library, 346'24, p. 240.
N
98 APPENDIX.
Contract between Andrew Eollok of Duncrub, John Brown of Easter Fordell, and Mr. William Schaw, Provost of Abernethy, as curators to Janet and Marion Spens, daughters and heirs of the deceased John Spens of Condy, and on behalf of the said wards, on the one part, and Mr. John Spens, son of the deceased James Spens of Condy, on the other part, narrating a previous contract, in virtue of which the said deceased John Spens, became bound to resign the lands of Condy, with manor place, etc., in the hands of Patrick lord Urchany, superior, for new infeftment in favour of the resigner and the heirs male of his body, whom failing, to the said Mr. John Spens and the heirs male of his body ; according to which contract, and decreet following thereon, the said curators, on behalf of the said Janet and Marion, agree to resign the said lands in favour of the said Mr. John Spens as now the heir male, who, in terms of the contract above recited, becomes bound to pay to each of the said ladies 500 rnerks of marriage portion, for which John Quhyte of Easter Lumbanies and David Balfour, Inchery, become sureties. Dated at Edinburgh, May 1555.
X. John Broun, Third of Fordell.
Bond by John Quhyte of Lumbaneis Eister, to Katherine Mailuile, spouse of John Brown of Eister Fordale, warranting to her the half of the lands of Balhabroun in the Barony of Eister Elcho and shire of Perth, in liferent. At Edin- burgh, 18th January 1554-5 ; registered same day. — General Register of Deeds, vol. i.
Bond by John Moubray of Barnebowgall, showing that the west quarter of the lands of Alway in the shire of Clakmanane, which pertained before to Katherine Mailuile, relict of Eobert Quhyte, and now spouse to John Broun of Fordale in liferent, and to John Quhyte of Eister Lumbaneis, as brother and heir of the said Eobert, in heritage, being now by him redeemed from Katherine for 1000 merks by Menteth of the Kerse, and that the said sum now pertains to the said Katherine in liferent, and to the said John Quhyte after her decease, therefore the said John Moubray becomes cautioner to the said John for the said sum, and John Broun becomes bound to relieve the said cautioner. At Edinburgh, 17th January 1554-5 ; registered following day. — Ibid.
Discharge by John Quhyte of Lumbaneis Eister to John Broun of Fordale, last spouse of the deceased Katherine Mailuile, for 500 merks, as part payment of 1000 merks for which John Moubray of Barnebowgal was cautioner. At Edinburgh, 27th October 1558 ; registered following day. — Ibid. vol. iii.
Marriage-Contract between John Brown of Fordell and Katherine Boswell.
Dated 1st February 1561-2.
At Balmowto the first day of Februar the yeir of God jmvc thre scoir ane yeris, it is appointit, agreit, and fynalie contractit betuix the honorable parties vnder wrettin, that is to say, David Boiswell, of Glasmont, for himself, and takand the burding vpoun him for Cathrine Boiswell his lauchtfull dochter on that ane part,
APPENDIX. 99
and Johnne Broun of Fordall on that vther part, in maner, forme, and effect as efter followis, that is to say, the said Johnne Broun sail, God willing, marie and tak to his spowsit wyff the said Katherine Boiswell, and solempnizat the hand of matrimonie with her in face of haly kirk, betuix the dait heirof and the xv day of Februar iustant ; and the said Johnne Broun sail, befoir the completing of the said mariage, infeft the said Katherine his spous future, in hir virginite, in lifrent for all the dayis of hir lyftime, titulo oneroso, with clauses of warrandice as efferis, in all and haill his half of the landis of Balbartane Wester, with thair pertinentis, perteining to him in heretage, Hand within the schirefdome of Fyf, to be haldin of the said Johnne Broun and his airis in fre blance ferme duriDg hir lyftyme foirsaid, for payment yeirlie thairfoire to the Erie of Mortoun and his successouris, superiouris of the saidis landis, of the soume of xxxiii9 iiiid for blance aucht to him of the samyn, and to the said Johnne Broun and his airis twa penneis in name of blanch, and gef neid beis sal infeft the said Kathereine in lyfrent of the foirsaidis landis, to be haldin of the superiour thairof foirsaid, be resignatioun or confirmatioun, as the said Dauid best plesis, and that vpoun the expensis of the said Dauid and his airis ; and the said Johnne Broun obleisses him and his airis to entir and put the said Katherein Bois- weill in possessioun of hir liferent of the saidis landis of Balbartane foirsaid, swa that sche may occupy and labour the samyn at hir awin plesour, in caiss it sail happin hir to leif efter the said Johnne Broun : For the quhilk causes, the said Dauid Boswall of Balmoto bindis and oblissis him, his airis, executouris, and assignais, to content and pay to the said Johnne Broun of Fordall, his airis, executouris, and assignais, the soume of jm pundis usuall money of Scotland, tocher gud, with the said Kathereine Boswall his dochter, haill and togidder in ane soume, betwix the dait and day of the said mariage and the feist of Witsonnday next thairefter, to be vsit and warit in maner following : That is to say, the said Johnne Broun sail lay and eik to the samyn the soum of ane thousand merkis, niakand in the haill togidder the soume of twenty-five hundreth merkis, and wair the samyn vpoun land quhair it may gudle be had, for infeftment and seising to be obteinit and gottin thairof to the said Johnne Broun, Katherine Boswell his spous, and the langer levand of thame twa in conjunct infeftment, and to the airis lauchtfullie gottin or to be gottin betwix thame, quhilkis failzeing to the said Johnne Brounis nerrast and lauchtfull airis qukatsunieuir : And siclik the said Johnne Broun bindis and oblisis him and his airis to lay and ware the soume of ane othir thousand merkis vpoun land quhair it may be had and gottin for infeftment thairof to the said Johnne Broun and to the airis lauchtfullie gottin or to be gottin betwix him and the said Kathereine, quhilkis failzeing to the said Johnne Brounis nerest and lauchfull airis quhatsumeuir, the foirsaid first soume of twenty-five hundreth merkis to be waret be the said Johnne and his airis to the effect foirsaid betwix this and the feist of Witsounday next efter the said mariage be completit, or within thre monethis thairefter, as he sal be requireit be the said Dauid Boswell or his airis, or sine gef landis salhappin to be had and gottin for the said soume to be waret vpoun, and the foirsaid last thousand merkis to be waret and laid vpoun land to the effect foirsaid within twa yeris next efter that
100 APPENDIX.
airis be lauchtfullie gottin betwix the said Johnne and the said Katherene, and the premisis to be donne and waret be the awyss and consent of the said Dauid Boswell and the foirsaid soumes respective, being warit vpoun landis and infeftinentis obtenit thairvpoun in maner foirsaid, the said Johnne Broun bindis and oblisses him and his airis that he on na wys sal annally dispone or put away the foirsaidis conquest landis, or put vtheris in fie or title therof, to the effect the samyn may succeid efter his deceiss to the airis to be gottin betwix him and the said Katherine, scho browkand hir lyfrent of swa mekle as scho beis infeft in, as is foirsaid, and gef thair beis na airis lauchtfullie gottin betwix thame, the saidis landis to succeid and com to the said Johnne Brounis neirast and lauchtfull airis quhatsumeuir : And for sure obseruing, keping, and fulfilling of this present contract and every point thairof, ayther of the saidis parteis are faythfullie bundine, obleist, and sworne to utheris ; and for the mair securitie, bayth the said parteis hes consentit and is content that this present con- tract be actit and registrat in the bukis of Counsale, and decernit to haue the strenth of ane decreit of the Lordis thairof, with executoriallis of horning or poinding to be directit thairvpoun in forme as efferis ; and to that effect the saidis parteis constitutis discret men, Maisteris Thomas Makcalzeoun, Johnne Spens, George Strang, Bichert Strang, Alexander Sym, conjunctlie and seuerallie, for acting thame in the saidis bukis of Counsale : In witness of the quhilk thing, bayth the saidis parteis hes sub- scrivit this present contract with thair handis day yeir and place foirsaidis, befoir thir witnesses, Michael Balfour, fear of Innerquhany, Maister Hercules Balrame, Henrie Cockburne, Alexander Craufurd, Andro Nevyne, Johne Boswell, Alexander Boswell, William Condy, Johne Ker. Sic subscribitur, Dauid Boswell of Glesmont. John Broun of Fordall — Reg. of Deeds, vol. v. p. 96.
Discharge by John Brown of Fordell and Katherine Boswell, his spouse, to William Kirkcaldy of Grange, knight, for £2000, due by him to them, and obtained by apprizing from him his lands of Fynmont. Dated at Fordell 4 May 1567, the witnesses being George Boswell, Gavin Douglas, James Broun, and Bobert Broun. — Ibid. vol. ix.
Obligation by William Kirkcaldy of Grange to John Broun of Fordel and Katherine Boswell, his spouse, warranting to them the undisturbed possession of the lands of Finmont, notwithstanding that they had obtained them by apprizing for £2000. At Edinburgh, 11 November 1567. Witnesses: David Carnegy of Col- luthy, etc. Begistered 23 November 1569. — Ibid. vol. xi.
July 7, 1576. — Johne Browne in Fitkenny is on an assise. — Sheriff Court Records of Fife.
May 11, 1577. — Summonds of removing Alexander Maistertoun of Eister Bal- theidlokis, and Katherine Broun, his spouse, against tenants of said lands. — Ibid.
March 30, 1585. — Obligation by John Douglas in Kennestoun, to John Broun of Fordel, for 560 merks, dated 10 April 1584. Witnesses: David Boswell of Gait- milk, and Andro Lundy of Condolane. — Gen. Reg. of Deeds, vol. xxiv.
LUNDIN OF CONLAND.
(County Fife.)
Quarterly, First and Fourth, Pale of six gules and argent, on a Bend azure three Cushions of the second, for Lundin ; Second and Third, argent, a Cross Moline gules square pierced, for Sibbald.
{Illuminated MS. of Sir David Lindsay, Lyon King of Arms})
10TT J ftrtCU33N fDlKBURC*
APPENDIX. 101
October 28, 1585. — Ane Letter maid to Johnne Broun of Fordell, his airis and assignais, ane or niaa off the gift of the eschete of all guidis, geir, coirnis, eattell, insicht plenissing, dettis, actis, contractis, obligationis, actionis, decreittis, gold, sillier, cunzeit and vncunzeit, jowellis, takis, stedingis, rownies, possessionis, and vthiris movabill guidis quhatsunievir quhilkis pertenit to James Broun, brother germane to Johnne Broun of Fordell, and now pertenyng to oure souerane loird, fallin and becumin in his hienes handis, and at his dispositioun, be reassoun of escheit, throw being of the said James Broun ordourlie denunceit oure souerane loirdis rebell and put to his hienes home, be vertew of his graces letters raisit at the instance of Mr. Andro Clay- hillis, minister at Jedburgh, and Dauid Home, minister at Durnbar, ffor non payment to thame respective of thair stipendis of certane yeiris bygane as the saidis letters and executionis of horning thairvpoun at lenth proportis, or throw his being put to the home at the instance of quhatsumevir vthir personis for ony ciuill actionis bygane. With power, etc. At Striuiling the xxviij day of October the yeir of God jmvc foure scoir fyve yeiris. v merkis. Per signaturam. — Reg. Sec. Sig., Lib. lii. fol. 189-
Confirmation of Charter by Alexander, cornmendator of Culross, to Alexander Gaw of Maw, and Janet Broun, his spouse, of a piece of land called " the Cistrenis, or Park ; " also a mansion or house adjacent thereto, and other tenements, lying in the lordship of Culross and shire of Perth. Dated at the Abbey of Culross 30th March, and confirmed at Falkland 30th June 1587. — Reg. Mag. Sig., Lib. xxxvh. No. 146.
Confirmation of Charter by David Wemyss of that Ilk to Alexander Gaw of Maw, and Janet Broun, his spouse, in conjunct fee, of the half of the lands of Maw : holding from the granter, and of the Crown. Dated at Wemyss 3d, and confirmed at Edinburgh 7th, March 1588.— Ibid. Lib. xxxvii. No. 147.
Charter in favour of Andrew Lundie of Condland and Elizabeth Brown, his spouse, and their heirs, etc., of the lands of Condland, Drum, Wester Condland, etc., in the shire of Fife, and Midlairis in the shire of Aberdeen, by annexation in Fife, all united into the barony of Condland ; held of the Crown for the usual services. At Holyrood, 22d December 1591. — Reg Mag. Sig. (from Nisbet's Heraldry).
30 June, 1600. — The Testament dative and inventar of the gudis, geir, sowmes of money, and dettis pertening to vmquhile Katherene Boiswall, sumtyme spous to Johne Broun of Fordell, within the parochin of Forgandynney and Scherefdome ef Perth, the tyme of hir deceis, quha deceissit in the moneth of September, the yeir of God jmvclxxxxix yeiris, ffaythfullie maid and gevin vp be Mr. Robert Broun, thair sone, onlie executour dative surrogeit to his said vmquhile moder, in place of the procuratour fischal, be decreit of the commissar of Edinburgh, as the samyn decreit of the dait, at Edinburgh, the xxvij day of Junij, the yeir of God jmvj° yeiris, at lenth proportis, —
In the first, the said vmquhile Katrene Boiswall and her said spous had the gudis, geir, sowmis of money, and dettis of the awail and pryces efter following
a
102 APPENDIX.
pertening to thame the tyme of hir deceis foirsaid — viz., Item, in the barnes and bamezairdis of the raanis of Fordell, xiij scoir, tuelfe bollis of aitltis, price of the boll with the fodder, iiij11 xiij s. iiij d. ; summa, jmijclxixh vj s. viij d. Item mair, in the said barne and barnezaird, Ixiiij bollis beir, price of the boll with the fodder, vh vj s. viij d. ; summa, iijcxlju vj s. viij d. Item mair, in the said barne and barnezaird, xij bollis quheit, price of the boll with the fodder, viiju ; summa, lxxxxvj1'. Item mair, in the said barne and barnezaird, thrie bollis of peis, price of the boll with the fodder, vu vj s. viij d. ; summa, xvjh. Item mair, vpoun the said ground and landis, xx oxin by the airschipe ox, pryce of the pece ourheid, xiij lib. vj s. viij d. ; summa, ijclxvjh xiij s. iiij d. Item mair, vpoun the said ground and landis, fiftene ky and ane bull, pryce of the pece ourheid, x lib. ; summa, jclxu. Item mair, vpoun the said ground and landis of the manis of Fordell, sevin hors and meiris by the airship hors, pryce of the pece ourheid, xiij lib. vj s. viij d. ; summa, lxxxxiijllb vj s. viij d. Item mair, vpoun the said ground and landis of the manis of Fordell, vij stottis and quoyis of twa zeiris auldis, pryce of the pece ourheid, vllb ; summa, xxxv lib. Item mair, vpoun the said ground and landis of the manis of Fordell, sevin scoir and aucht auld scheip, pryce of the pece ourheid, xl s. ; summa, ij^lxxxxvj11. Item mair, vpoun the said ground and landis of the manis of Fordell, xxviij gymmaris and dynmontis, pryce of the pece ourheid, xxvj s. viij d. ; summa, xxxvijllb vj s. viij d. Item mair, vpoun the said ground and landis, four scoir ten lambis, pryce of the pece ourheid, xxs. ; summa, lxxxxllb. Item, vpoun the ground and landis of Bischopehill, sex scoir wadderis, pryce of the pece ourheid, xlvj s. viij d. ; summa, ijclxxxUb. Item, in vtenceilles and domicillis, with the abulziementis of her bodie by the airschipe estimat, to the sowm of j°xxxiij lib. vj s. viij d.
Summa of the Inventar, .... iijmjcxiiiju vj s. viij d.
Follotuis the dettis aivin to the deid.
Item, thair wes awin to the said vmquhile Katherene Boyswall and hir said spous, be William Broun in Blastrowie, for his fermes resten in anno jmvclxxxxix zeiris, xxx bollis victuall, thairof ix bollis beir and xxj bollis meill, pryce of the boll ourheid, vUb ; summa, jcl lib. Item, awin be Jon Kinbothe in Fordellmylne for his fermes in anno foirsaid, iiij bollis meill, pryce of the boll sauld for iiijhb ; summa, xvjUb. Item, awand be Thomas Broun in Fordell, jcij pekis beir, resten in anno foirsaid, pryce of the boll sauld for iiijllb ; summa, iiiju x s. Item, awin be Mitchell and Bobert Meldrumes in Babartoun, resting for their fermes in anno foirsaid, fourtie- four bollis victuall, twa pairt meill, and thrid pairt beir, pryce of the boll ourheid sauld for iiij lib. ; summa, jclxxvju. Item, awin be James Wilsoun in Finmonth for his fermes resten in anno foirsaid, xliiij bollis victuall, twa pairt meil and thrid pairt beir, pryce of the boll ourheid, iiij1' ; summa, jclxxvjIlb. Item, awin be Peter Logane in Aberrargie, iij bollis malt, pryce of the boll, vjUb ; summa, xviijUb. Item, mair awin be the said Peter Logane, the sowme of xviijllb money. Item, awin be Henrie Condie in Littil Fildie of bygane fermes, xxiiij bollis meill, pryce of the boll iiijllb ;
APPENDIX. 103
summa, Ixxxxvj1'. Item, awin be Dauid Barclay of Strowie, the sownie of xxxvjUb. Item, awin be the airis, successouris, executouris, and intromettouris, with the gnidis and geir of vmquhile Alexander Creichtoun in Forgovmdynneth, the sowme of xx lib. Item, awin be lard of Balmuto, the sowme of lxvj lib. xiij s. iiij d. Item,
awin be relict of vrnquhile Boiswell, burges of Kirk-
caldie, viij bollis victual, piyce of the boll, vjh ; summa, xlviijllb money.
Summa of the dettis awin to the deid, . . . viijcxxvu iij s. j d. Summa of the inventar with the dettis, . . . iiju
,m* c.
Folloivis the dettis awin be the deid.
Item, thair wes awin be the said vrnquhile Katherene Boiswell and hir said spous to Mitchell Balfour, sone to Mr. Henrie Balfour, aduocat, for the inailles and teindis of Fordell, resten in anno jmvclxxxxix zeiris, the sowme of xlHb. Item, awin to Mr. George Arnot, for ane zeiris annuelrent furth of the defunctis landis resten in anno lxxxxix zeris, the sowme of xxvjUb xiij s. iiij d. Item, awin to Dauid Neving, seruand, for his zeir's fie in anno foirsaid, the sowme of xijh. Item, awin to Andro Greg for his fie in anno foirsaid, viju. Item, to Jon Balmayne for his fie in anno foirsaid, vu vj s. viij d. Item, to Bessie Morgall for hir fie in anno foirsaid, iij1'.
Summa of the dettis awin be the deid, . lxxxxiiiju.
Eestis of frie geir, the dettis deducit, . . iijmviij''lvu x s.
To be deuided in thrie partis. Deidis pairt is ..... jmijc lxxxjllb xvj s. viij d.
Quherof the quot is componit for . . xxyfxiij s. 4d.
We, Mr. Jon Nicolsoun, etc., vnderstanding that efter dew summoning and lauchfull charging, etc. ; and that nane comperit, we decernit the procuratour fischall of our said commissarie in executour datiue to hir, and thairefter at the supplicatioun, etc. Conforme to the quhilk, we, in our souerane lordis name and auctoritie, with consentis, etc., Qvhairvpon David Broun of Fynmonth is becum cautione, etc. As ane act maidthairvpon beiris. — Reg. of Testaments, Edinburgh, vol. xxxiv.
Precept for Charter to Mr Bobert Broun, son of John Broun of Fordell, of the half lands of Muretoun, Pitkany, etc., in the shire of Fife, formerly belonging to John Boswell of Balmuto, but resigned by him and Isabella Sandelands, his spouse, in favour of the said Mr Eobert, 19th July 1592.— Reg. Sec. Sig.
Octauo Junij 1602. — In presence of the Lordis of counsall, comperit Mr. Johne Nicolsoun, procuratour, speciallie constitut for Sir Patrick Murray of Ganies, knycht, and Andro Murray of Arnegask, and Dauid Murray, maister stabler to his majestie, cawtionaris for the said Sir Patrik, to the effect efterspecifeit on the ane pairt; and siclyk comperit Mr. Isaac Broun, procuratour for Johne Broun of Fordell, prin-
104 APPENDIX.
cipall, and David Broun of Fyndrnonthe, his cawtioner on the wther pairt ; and gaif in the contract underwrittin, subscribit with thair handis, desyreing the same to be registrat in the buikis of counsall, to haue the strenthe of ane decreit of the Lordis thairof, with executoriallis to be direct thairvpoun, in maner thairin contenet, the quhilk desyr the saidis Lordis thocht ressonabill ; And thairfoir hes ordainet and ordaines the said contract to be insert and registrat in the saidis buikis of counsall : Decernes the same to haue the strenthe of thair decreit, and ordaines lettres and executoriallis to be direct thairvpoun, in maner specifeit thairintill, quhairof the tennor followes : — At the day of jmvclxxx auchtene
yeires, It is appointet, agreit, matrimonialle contractet betuix the rycht honorabill pairties efter following — to wit, Sir Patrik Murray of Ganeis, knycht, and with him Andro Murray of Arnegorsk, and Dauid Murray, maister stabler to his maiestie, as cawttionaris, soverties, and full dettoris for fulfilling of his pairt of the contract under- writin, on that ane pairt ; and Johne Broun of Fordell for him self, and takand full burding on him for Isabell Broun, his dochter ; and with him, Dauid Broun of Fyndmonthe, as cawtionaris, souerties, and full dettoris for him, and for fulfilling of his pairt of the said contract on the wther pairt, in maner and forme following, and for fulfilling of his pairt of the said contract, — that is to say, the said Sir Patrik sail, God willing, marie and tak to spous the said Isabell, and sail solemnizat the ba,nd of matrimone with hir, in presence of Goddis halie kirk and congregatioun, betuix the dait heirof and the first day of August nixtocum, or soner as the pairtis pleisis ; And the said Sir Patrik bind and obleissis him, to the intent of the said mariage to be accompleiset in maner foirsaid, To infeft and seis dewle and suffi- cientlie the said Isabell Broun, his affutur spous in hir virginate, befoir the said celebratioun of the mariage abonewrittin, for all the dayes of hir lyiftyme, and the aires maill lawchefule to be gottin betuix the said Sir Patrik and hir, quhilkis failzeing, the said Sir Patrikes aires maill or assignais quhatsumeuer ; In all and haill, ane zeirle annuelrent of ten chalderis guid and sufficient victuall, thairof thrie pairt beir and tua pairt ait meill, to be zirle liftet, raiset, and tane furth of all and haill the said Sir Patrikis landis of Ganeis, or out of ony pairt thairof, with the pertinentes lyand within the scherefdome of Inwernes, zeirle betuix Zuil and Candil- mes : And that be tua seuerall infeftmentis and chartoris ; ane thairof to be haldin of the said Sir Patrik and his aires maill, in fre blenche ferme for zeirle payment of ane penne money wpoun the grund of the saidis landis at the feist and terme of Witsonday, gif it beis requyret allanerlie ; and the wther infeftment to be haldin from him and his foirsaidis of his immediat superior of the saidis landis, als frele and in samblable maner as he haldis the same himself : And that ayther be resignatioun or confirmatioun, or wtherwayes as best sail pleis the said Johne Broun and his said dochter ; And ayther of the saidis infeftmentis to contein all claussis of warrandice neidfull and admissabill of the law : Lykas the said Sir Patrik Murray, Andro Murray of Arnegorsk, and Dauid Murray foirsaid, faithefulle bind and obleissis thame, thair airis, executouris, and assignais, and successoris quhatsumeuer, coniunctlie and seuerallie to warrand the said ten chalderis victuall to the said Issobell duireing all
MURRAY OF BYN AND DRUMCAIRN.
(County Perth.)
Azure, a Cross patee between three Mullets argent within a Bordure flowered, counter-flowered of Fleurs-de-lis or, a Mullet for difference.
[Illuminated MS. in the Lyo?i Office.)
scon a rci;r,u,snN,F.oiijBUffGH
APPENDIX. 105
the dayes of hir lyiftyme, saif, souer, and fre, namele fra all wairdis, releives, ladyes terces, coniunct and heretabill feis, lyfrentis, annuelrentis, former infeftmentis, staites, and seisinges, assedatioues, assignationes, resignationes, recognitiones, taxationes, interdictiones, inhibitiones, escheitis, foirfaltouris, poindinges, compryseinges ; and generalle fra all wther burdinges, impositioun, perrell, clame, danger, deid, accident, or inconvenient quhatsumeuer, bygane, present, and to cum, quhilk onywayes may hinder or stoip the said Issobell in the peceable possessioun ressaueing and wptaking of the said ten chalderis victuall foirsaid, dureing hir said lyiftyme, at all handis hawand or pretendand to haue entres thairto, contra and againes all deidle ; And als the said Sir Patrik Murray, Andro Murray of Arnegorsk, and Andro [sic] Murray, bind and ableiss thame and thair foirsaides, coniunctle and seuerale as said is, to delyver zeirle efter the said Sir Patrikis deceis, in cais it sail pleis God call him from this present lyif befoir the said Issobell, as God forbid, to the said Issobell yeirle betiux Yuill and Candilmes, the said ten chalderis victuall foirsaid, frelie within the burgh of Dunde, and that zeirle and ilk zeir, ay and quhill thay obtein hir dewle and sufficientle infeft and seiset ; In all and haill ten chalderis victuall, thrid pairt beir and twa pairt meill, out of sufficient weill haldin landis lyand within the sheref- domes of Fyif, Aiugous, or Perthe, for all the dayes of hir lyftym, and the aires maill lawchfule to be gottin betuix thame, quhilkis failzeing, the said Sir Patrikis aires or assignais quhatsumeuer : For the quhilk caus the said Johne Broun of Fordell, and with him the said Dauid Broun of Fyndmonthe, cawtionaris, souerties, and full dettoris for him, faithefulle bind and obleiss thame, thair aires, executouris, and assignais, coniunctle and seueralle, to thankfulle content and pay to the said Sir Patrik Murray, his aires, executouris, and assignais, the haill sowme of fyive thowsand merkis, wsuall money of this realme, in name of tocher guid, with the said Issobell, in maner and at the termes efter following : To wit, twa thowsand and fyive hundrethe merkis thairof, betuix the deit of thir presentes and the feist of Martimes in winter nixtocum ; and the remanent wther twa thowsand and fyive hundrethe merkis, in compleit payment of the said fyive thowsand merkis, betuix that and Martimes thairefter, in the yeir of God jmvclxxx nyntene yeires but langer delay; And the said Sir Patrik Murray, Andro Murray, and Dauid Murray, his cawtionaris foirsaidis bind and obleiss thame and thair foirsaidis, coniunctle and seueralle as said is, at the ressait of the saidis particular sowmes abonewrittin, to be payet be the said Johne Broun in maner foirsaid, to wair bestow, and lay the said fyive thowsand merkis wpoun sufficient weill, haldin land for annuelrent, as may be best and maist com- modiowsle gottin thairfoir for the propertie of land, and sail put the said Issobell in coniunct fie thairof with himself for all the dayes of hir lyiftyme, and the aires maill lawchfulle to be gottin betuix thame ; quhilkes failzeing, 'the said Sir Patrikis aires maill and assignais quhatsumeuer : And incais the sam fyive thowsand merkis being wairet as said is for annuelrent, and thairefter the same be redemet, in that cais, the said Sir Patrik and his foirsaidis cawtionaris and thair foirsaidis, sail wair the sam of new againe in maner foirsaid, and put the said Issobell in the coniunct fie thairof with him self for all the dayes of hir lyiftyme, and the aires maill to be gottin
O
106 APPENDIX.
betuix thain heretable ; quliilkis failzeing, the said Sir Patrikis aires maill and assignais quhatsunieuer ; aud sua sail warrand the said annuelrent of the said fyive thowsand ruerkis, furthe cuniand to the said Issobell for all the dayes of hir lyiftyme, and efter hir deceis to the aires maill to be gottin betuix the said Sir Patrik and hir ; quliilkis failzeing, to the said Sir Patrikis aires maill or assignais quhatsumeuer : And forder, it is agreit on betuixt the saidis pairties, that in cais thair be nae aires maill gottin betuixt thame, bot aires feniell, — in that cais the said Sir Patrikis aires maill succeiding to his landis sail pay to the saidis aires feniell, ane or ma, the sowme of ten thowsand merkis money foirsaid, — to wit, to ilk ane of thame thair pairt thairof, pro rata, at thair aiges of fyiftene zeires : And becaus that James Colville, Eister Weymes, is bund and obleist to pay to the said Issobell Broun the sowme of sex hundretlie pundis money foirsaid, at certaue tymes, contenet in his lettres obligatoris, as the same of the dait, at the day
of the yeire of God jmvclxxx yeires, in the self at mair lenthe beires ;
It is agreit betuix the saidis pairties, that in cais the said Issobell or hir affutor spous for his entres, get payment thairof befoir the feist of Mertimes nixtocum, that the sam salbe allowet for satisfactioun, and acceptet for payment of sex hundrethe pundis of the said twa thowsand and fyive hundrethe merkis, quhilk the said Johne Broun is bund to pay to the said Sir Patrik at Mertimes nixtocum ; and incais thay get nocht the same befoir the said feist of Mertimes as said is, bot that the said Johne Broun and his saidis cawtionaris mak payment of the saidis twa thowsand aud fyive hundrethe merkis ; Than and in that cais the said Issobell Broun and hir spous future for his entres, sail mak and constitut the said Johne Broun, his aires or assignais, thair verrey lawchfull, wndoutet and irredeemabill cessioner assignay in and to the said sowme of sex hundrethe pundis restand awane hir be the said James Colvill, and sail transfer thair haill rycht and title thairof to the said Johne Broun of Fordell and his foirsaidis : And heirto the saidis pairties faithefulle bind and obleis tham, thair aires, executouris, and assignais and successoris quhatsumeuer, to obserue, keip, and fulfill this present contract, and evere heid and claus thairof; ilkane to wtheres sa far as concernes ather of thame for thair awin pairtes : And for the mair securetie thay ar content and consentes this present contract be insert and registrat in the buikis of oure souerane Lordis Counsall and Sessioun, and to haue the strenthe of ane confessed act and decreit of the saidis Lordis, be interponeing thair auctoritie thairto, with executoriallis of horneing, poinding, and wairdeing to pas thairwpoun, the ane but preiudice of the wther, and the hoirneing to be wpoun ane single chairge of sex dayes ; and to that effect coustitutis Maisteris Johne Nicolsoun and Isaac Broun, and ilk ane of thame coniunctle and seueralle, thair procuratouris, in vberiori procurationis forma and promittentes de rato, etc. : In witnes heirof thay haue subscribit thir presentis, wrettin be William Ballingall, notar in Abernathe, with thair handis, as followes, day, yeir, and place foirsaidis, sic subscribitur, S. P. Murray of Gayneis ; David Murray, cationer ; Androw Moray of Balvaird, cationer ; Sr Johne Murry of Tullibairdin, kuy*, witness ; Johne Broun ; Dauid Broun, cationer, of Fynmonth ; James Broun, witnes ; Johne Muray, witnes ; Johne Broun, witnes ;
APPENDIX. 107
\ym jyj;urray 0f Cowdoun, witnes ; Eobert Broun, witnes ; George Murray, witnes. — General Reg. of Deeds, vol. Ixxxvi.
Ane Letter maid makaud mentioun that our souerane Lord, vnderstanding that be vertew of the Act of Annexatioun of the kirklandis to the Croune, all and sindrie the rentis, annuellis, and dewties quliilkis pertenit of before to the priorie of Ees- tenneth, as ane pairt of the temporalitie thairof, now pertenis to his maiestie ; and vnderstanding likwayis that the greiteist pairt of the rentis of the said temporalitie of the priorie foirsaid consistis in annuellis addettit furth of sindrie landis, tenementis, houssis, biggingis, customes of borrowes, and casualties, and that the samen annuellis being in number monie, and in quantitie small, and out of vse of payment this lang tyme bigane, it wilbe dificile to his hienes collectoure thesaurer of the saidis aug- mentatiounes to get knawledge thairof, sufficient probatioun furnesit thairin, and payment of the samen, nochtwithstanding that greit chairgis and expenssis be fur- nessit and debursit thairvpoun ; And considdering alsua that his louit James Broun, brother-germane to Jhonne Broun of Fordell, hes thir monie yeiris bigane bene factour of the said Priorie, and sua hes greitast knawledge of the rentis thairof, and hes had sufficient securitie maid to him thairvpoun, and sua is ane persoue maist meit and able to reduce the same to the auld integritie to the augmentatioun of his hienes rentall : Thairfore, and for ane certane, suir, and knawin dewtie to be payit his hienes and his successoures, in the meintyme, his maiestie, with avyse and consent of the said collectoure-generall, thesaurer of the saidis augmentatiounes, and lordis auditoures of his hienes chekquer, settand to the said James for all the dayis of his lyifetyme, all and sindrie the annuellis, customes, rentis, and dewties of the temporalitie of the said priorie of Bestenneth, quhairever the same lyis, with power to the said James to ask, crave, and ressave the samen of the crope and yeir of God Jm and sex hundreth yeiris instant, ands iclyk yeirlie in tyme coming during his lyiftyme, fra the heritouris, fewaris, tennentis, takismen, possessouris, and occupiaris of the landis, tenementis, houssis, biggingis, and custumeris of the borrowis addettit in payment thairof, and vtheris quhatsumeuer intromettouris thairwith, and astrictit in the payment thairof, acquittances and dischargis thairupoun yerlie to gif, subscryve, and deliuer, quhilkis salbe sufficient, and gif neid beis to call, persew, and charge thairfore, as accordis with all and sindrie commodities, &c, ffrielie, quietlie, &c, but reuocation, &c: Payand thairfore yeirlie the said James Broun during his said lyiftyme to our said souerane Lord and his successoures, thair collectoures and thesaureris, in thair names, the soume of foure pundis, vsuall money of this realme, at tua termes in the yeir, Witsonday and Mertimes in winter, be equal! portiounes of maill allanerlie : And forder, oure said souerane Lord, with consent foirsaid, for the caussis abounspecifeit, be thir presentis gevis, grantis, and disponis to the said James, all and sindrie the saidis annuellis, customes, rentis, and dewties of the said priorie of all yeiris and termes bigane restand awand, quhairvnto his maiestie hes or may haue richt be vertew of the said act of annexatioun, or be quhatsumeuir vther maner of way, with power to the said James to ask, crave, and ressaue the same, gif acquittances and dischargis
108 APPENDIX.
thairvpoun, and to call and persew thairfore as aceordis : With command thairin to all and sindrie persounes addettit in payment of the saidis annuellis, customes, rentis, and dewties present and being for the tyme, to ansuer and mak payment thairof to the said James, his factouris, and seruitouris in his name, and to nane vtheris, of all yeiris and termes bigane restand awand, as said is,. and siclyke yeirlie in tyme cuming during his said lifetyme ; with command likwayis to the Lordis of Counsall and Sessioun to grant and direct letters, &c. At Halierudhous, the ffourt day of Juli the yeir of God Jm and sex hundreth yeiris. xls. — Reg. Sec. Sig., Lib. lxxi. fol. 257.
31 December 1600. Discharge by Sir Patrick Murray of Ganeis, knight, to the Eight Honourable John Broun of Fordell, for 5000 merks of tocher with Isabel Broun, his daughter, now spouse of the said Sir Patrick. At Findmonth, 2 2d Novem- ber 1600. — Reg. of Deeds, vol. lxxviii.
The Testament testamentar and Inuentar of the guidis, geir, sowmes of money, and dettis pertening to vmquhile ane honorabil man, Johnne Broun of Fordell, within the parochin of Forgund and Sherefdome of Perth, the tyme of his deceis, quha de- ceissit vpoun the secund day of July the yeir of God jmvjc tua yeiris, faythfullie maid and gevin up be him self, as concerning the nominatioun of executouris, legaties, dettis awin be him, and the maist part of dettis awin to him, and partlie maid and gevin vp be Dauid and Mr. Eobert Brounes his sonnes, as concerning ane vthir part of dettis awin to him, quhome he nominat, maid, and constitut his onlie executouris, testamentaris, and intromittoris with his guidis and geir in his lettre will vnder- writtin, of the dait at Fordell, the aucht day of May, the yeir of God jmvjc tua yeiris, as the samyn subscryuit with his awne hand at lenth proportis, —
In the first, the said vmquhile Johnne Broun of Fordell had the guidis, geir, sowmes of mony, and dettis of the awaill and prices after following pertening to him the tyme of his deceis foirsaid, videlicit : Item in his possession, four oxin, by the air- schipe ox, price of the pece ourheid, xiij 1. vj s. viij d. ; summa, liij 1. vj s. viij d. Item, mair, thrie hors and rneiris by the airschipe hors, price of the pece ourheid, xiij 1. vj s. viij d. ; summa, xl 1. Item mair, thrie staigis, price of the pece ourheid, x 1. ; summa, xxx 1. Item, sawin on the ground and landis of Blastrwie, xlviij bollis attis, estimat to the thrid corne extending to sevin scoir four bollis of aittis, price of the boll with the fodder, iij 1. vj s. viij d. ; summa, iiijclxxx 1. Item mair, sawin on the grund and landis, sex firlottis peis, estimat to the fird corne extending to sex bollis peis, price of the boll with the fodder, v ti ; summa, xxx 1. Item mair, sawin on the said grund and landis of Blastrwie, four bollis beir estimat to the fird corne extending to xvj bollis beire, price of the boll with the fodder, v 1. ; summa, lxxx 1. Item, in vtenciles and domiciles, with the abuilzementis of his bodie, by the airschipe estimat, xl 1.
Summa of the Inuentar, . . . vijcliij 1. vj s. viij d.
APPENDIX. 109
Folio wis the dettis aivin to the deid.
Item, there was awin to the said vmquhile Johnne Broun of Fordell be James Wilson in Fynmonthe, resten for his fermes of the crope in anno jmvc ane yeiris, lxiiij bollis meill, price of the boll, iiij 1. vj s. viij d. ; summa, iflxxvij 1. vj s. viij d. Item, be Mitchell and Robert Meldrumes, tennentis in Balbartan, for their 'fermes, resten in anno jmvjc ane zeiris foirsaid, of the said ground and landis of Balbartane, L bollis of meill, price of the boll, iiij 1. vj s. viij d. ; summa, ijcvxj 1. xiij s. iiij d. Item, be Celester Bell in Fordie the sowme of vj 1. xiij s. iiij d. The dettis vnderwrittin ar gevin vp be the executouris : Item, awin be Michael and Eobert Meldrumes, ten- nentis in Balbartane, for their half fermes of the samyn of the crope and zeir of God jmvjc tua zeiris, xx bollis victuall, tua part meill and thrid part beir, price of the boll ourheid, iij 1. vjs. viijd. ; summa, Ixvj 1. xiijs. iiij d. Item, awin be James Wilsoun, tennent in Fynmonth, for his half fermes of the said ground and landis of Fynmonth resten in anno jmvc tua yeiris foirsaid, xxiiij bollis victuall, tua part meill and thrid part beire, price of the boll ourheid, iij 1. vj s. viij d. ; summa, lxxx 1. Item, be Dauid Broun of Fynmonth for his half fermes of Fordell resten in anno jmvc tua yeiris foir- said, xxiiij bollis victuall, tua part meill, and thrid part beire, price of the boll our- heid, iij 1. vj s. viij d. ; summa, lxxx 1. mony.
Summa of the dettis awin to the deid, . . vijcxxvij 1. vj s. 8d.
Summa of the Inuentar with the dettis, . jmiiijclxxx 1. 13s. 4d.
Followis the dettis awin be the deid.
Item, there was awin be the said vmquhile Johne Broun of Fordell to Henry Broun in Gospertie the sowme of ijcxx 1. to be payit at Lambes nixt. Item, to Nicholas Broun the sowme of jcv merkis. Item, to Thomas Broun in Fordell the sowme of jcv merkis. Item, to Alexander Bon, lx 1. mony.
Summa of the dettis' awin be the deid, . iiijcxx 1.
Restis of frie geir the dettis deducit, . . jmlx 1. xiij s. 4d. na diuisioun.
Quherof the quot is componit for . . xl merkis.
Folloivis the deidis legacie and lettrewill.
At Fordell, the aucht day of May, the yeir of God jmvjc tua yeiris, the quhilk day the said John Broun of Fordell maid his legacie and lettrewill, as efter followis, videlicit : Item, the said Johne Broune being seik in bodie yit haill in spirite, of gude memorie, leuis his soull to God omnipotent, and leuis Dauid Broun and Mr. Eobert Broun his onlie executouris and intromitoris with his haill guidis and geir, and to pay and outred his dettis to his creditouris ; and leuis the haill rest of his frie geir equallie betwixt thanie : In witness heirof, he hes subscryuit thir presentis, writtin be William Ballingall, notar in Abirnethie, with his hand as followis : This wes done, day, zeir, place, and moneth foirsaidis, befoir thir witnesses, James Broun, broder germane to the defunct, George Broun, his sone, James Broun and James Fairlie,
110 APPENDIX.
seruitouris to the defunct, with vthiris divers : Sic subseribitur, Johne Broun, James Broun, witnes, James Broun, witnes.
We, Mr. John Nicolsoune, etc., and geuis and committis the intromissioun with the samyn to the saidis Dauid Broun and Mr. Bobert Broun, executouris testamen- taris to the said vmquhile Johnne Broun of Fordell. Beseruand compt, etc. ; and they being suretie, etc. ; and Johnne Boiswell of Baglalie has becum cautioun, etc., as ane act beiris. — Commissariot of Edinburgh, Testaments, vol. xxxvi.
Obligation by John Guthrie in Litil Mylne, to Mr. Bobert Broun of Pitkany, for 230 merks of the teinds of Litil Myln. At Forfar, 11 March 1603.— Reg. of Deeds, 3 April 1605.
Obligation by David Drummond, son of the late Patrick Lord Drummond, to Mr. Bobert Broun of Pitkenny, for 300 merks. At Perth, 15 Nov. 1605.— Reg. of Deeds, 15th June 1615.
Mr. Bobert Broun of Pitkenny complains that John Guthrie in the mill of remains unrelaxed from a horning of 15th Jan. 1606, for not fulfilling to him of a bond, dated 11th March 1603, and in particular for not staking the cows in the barnyard of John Hunter, as place appointed thereto, and for not paying the complainer £10, as expenses for registration of the bond, and £5 for the charge thereupon, complainer appearing by Archd. Douglas, M.A., etc. ; decree against defender. — Privy Council Reg. 1607.
Obligation by Harry Boswell, burgess of Kinghorn, to Mr. Bobert Broun of Pitkenny, as cautioner for Andrew Lundie of Condlane, for 636 merks. At Falkland, 18th May 1611.— Reg. of Deeds, 4th July 1615.
Obbgation by Andrew Lundie of Condlane, to his brother-in-law, Mr. Bobert Broun of Pitkenny, for 1750 merks. At Finmonth, 14th January 1614 : witnesses, David Broun of Finmonth, and Bobert, his son. — Reg. of Deeds, 3d July 1615.
Gift to Mr. Bobert Broun of Pitkenny, of the non-entry of the lands of Cuthilgurdy, Perthshire, formerly belonging to the late John Charteris, 7th October 1614. — Reg. Sec. Sig.
Discharge by James Schaw, son of the deceased John Schaw of Broiche, and executor of the late AVilliam Schaw, Master of His Majesty's Works, in favour of Mr. Bobert Brown, brother germane to the laird of Finmonth ; Mr. Harie Kinros, advocate ; and Mr. Bobert Murray, commissary of Stirling, for 4500 merks, which they were commissioned by the granter to receive from Sir Gideon Murray of Elibank, treasurer-depute, for behoof of the creditors of the said James Schaw, for which they rendered discharge to the said treasurer on 24th May 1615, registered 12th July 1625. — Reg. of Deeds, vol. ccclxxv.
Bond by Patrick, Lord Lindores, to Mr. Bobert Broun of Pitkany, for 1800 merks. At Edinburgh, 29th June 1616.— Ibid., 2d August 1617.
APPENDIX. Ill
Gift to Mr. Robert Broun of Pitkeny of the non-entry of the barony of East Wemyss, etc., vacant by decease of James Colville of Ochiltrie, "guidschir" to James, Lord Colville of Culross, 19th September 1616. — Reg. Sec. Sic/.
Gift to Mr. Eobert Broun of Pitkeny of the escheat of the late Hew Brown, merchant burgess of Edinburgh, 2 2d January 1617. — Ibid.
Obligation by Peter Murray of Wester Cluthy, to said Mr. Robert Broun, for 100 merks. At Edinburgh, 4th March 1617.— Reg. of Deeds, 6th Aug. 1623.
Gift to Mr. Robert Broun of Pitkeny of the lands and lordship of Lundores, apprized at his instance from Patrick, Lord Lindores, for a debt of 2100 merks, 10th Dec. 1617.— Reg. Sec. Sig.
Renunciation by David, Lord Scone, brother and heir to Sir Patrick Murray of Byn, knight, narrating .that the granter was served heir to his said brother and to Catherine Murray, only child procreated betwixt the latter and Dame Isobel Brown, then his wife, now wife of Sir George Erskme of Innerteill, knight, and one of the Senatouris of the College of Justice, and as such in right of the fee of 5500 merks secured over the toun and lands of Carrie, and others, in the lordship and regality of Abernethy and shire of Perth, in virtue of contract between John Ogilvy of that Ilk on the "one part, and the said Sir Patrick and Dame Isobel on the other, at Scone, 9th November 1601 ; further, that, as heir to the said Catherine, his niece, the said Lord Scone was in right of £5000, due to her by William Moncreif of that Ilk, less £1000 paid by the latter to the young lady and her curators "for furnishing of her charges quhen she went to England," and that for the surrender by the said Dame Isobel in favour of his Lordship, of her liferent of Byn and Drumcairn, he dispones to her and her said husband, Sir George Erskine, the fee of the said two sums in the liferent of which she had been previously vested. At Scone, 15th December 1617. — Reg. of Deeds, 9th January 1618.
Gift to Mr. Robert Brown of Pitkeny, of the escheat of George Oliphant of Bachilton, and others, tenants of the lands of Ardchulzine, Bachiltoun, etc,, they being at the horn at the instance of the said Mr. Robert, and Margaret Pitcairn his spouse, for not removing from said lands in virtue of decreet obtained against them. 27th February 1618.— Reg. Sec. Sig.
1618, May 4.— Sasine of Mr. Robert Broun of Pitcany, of all and haill the lands and lordship of Lindores, lands and baronie of Grange, and lands of Berrie- hill, proceeding on a charter by James vi. — Gen. Reg. of Sasines.
Contract between Hugh Broun, merchant burgess of Edinburgh, and Marion Tod, his spouse, and Hugh Broun, their eldest son, with consent of Mr. Robert Broun of Pitkeny, for his rights, on the one part, and James Ainslie, merchant burgess of Edinburgh, and Isobel Howieson, his spouse, on the other part, whereby for 1 000 merks the former set in tack to the latter a tenement on the south side of the High
112 APPENDIX.
Street of Edinburgh for three years, 11th May 1618. — Reg. of Deeds, 10 th June 1622.
1618, July 3. — Action by Mr. Robert Broun of Pitkeny, as donator to the escheat of George Oliphant of Bachilton, against the tenants of that estate for the rents due by them. — Reg. of Acts and Decreets.
24th Feb. 1619. — Submission between David, Lord Scone, brother and heir to the late Sir Patrick Murray of Geyneis, Kt., on the one part, and Mr. Eobert Broun of Pitkany on the other, in reference to process of reduction of assignation by the said Sir Patrick to the said Mr. Eobert Broun, of gift of pension granted by the King to Sir Patrick, of the feu mails of the barony of Geyneis, and to which the said Lord Scone now laid claim : Submitted to the amicable decision of Alexander, Earl of Dunfermline, Chancellor ; Thomas, Lord Binning, President of College of Justice (secretary) ; and Sir William Oliphant of Newton, advocate. — Reg. of Acts and Decreets.
1619, May 31. — Seisin of Lady Issobella Broun, Lady Innerteill, proceeding on a charter and precept granted to her by Sir George Erskine of Innerteill, knight, her spouse, of the half of the lands of Tyrie, lying in the regality of Dalkeith, constabu- lary of Kingorne, and shire of Fife, in liferent. The charter and precept are dated at Innerteill, May 31, 1619.— Protocol Book.
2d July 1619. — James Mercer of Clevage against Patrik, Lord Lindores ; Andro, Lord Gray ; Mr. Eobert Broun of Pitkany ; Michael Balfour of Deanmyln ; Mr. Patrik Eynd, minister of Dron ; and Mr. George Muschet, minister at Donyng, anent the teinds. — Reg. of Acts and Decreets.
Obligation by William Cuuynghame, writer in Edinburgh, son of the late Donald Cunynghame of Akinbar, to Mr. Eobert Broun of Pitkenny, for 100 merks. At Edinburgh, 30th January 1620.— Reg. of Deeds, 31st July 1621.
Gift to Mr. Eobert Brown of Pitkany, of the escheat of John Gaw of Maw, at the horn for debt to Helen Primrose, relict of John Angus in Langsyde, for 600 merks, and to Eobert Brown, portioner of Barhill, for 2000 merks. 6 August 1621. — Reg. Sec. Sig.
Gift to Mr Eobert Brown of Pitcanie, of the escheat of the late John Neiving, merchant burgess of Perth, by reason of bastardy. 25 October 1621. — Ibid.
Gift to Mr. Eobert Broun of Pitkeny of the escheat of the late Nicoll Broun, " bastard son natural to umquhile Johne Broun of Fordell," 2d March 1622. — Ibid.
The said Mr. Eobert Broun is party, along with Laurence Mercer of Meikleour, Eobert Colville of Cleish, Sir George Bruce of Carnok, and Archibald Dundas of Fingask, in an assignation of £700 sterling, to William Dick, merchant burgess of Edinburgh, 11th March 1622.— Reg. of Deeds, 4th Dec. 1622.
ERSKINE OF INNERTEIL.
(County Fife.)
Argent, on a pale sable an imperial Crown proper, all within a double Tressure flowered, counter-flowered of Fleurs-de-lis gules.
{Funeral Escutcheons in the Lyon Office and Lyon Register. )
SCOTT A FERGUSON ![)l>.euRCH
APPENDIX. 113
Obligation by Andro Broun, merchant burgess of Perth, as principal, and John Broun of Fordell, as cautioner, to Patrick Smyth of Braco, for £350. Perth, 13 July 1623.— Ibid., 15 June 1624.
Obligation by James Douglas, merchant burgess of Edinburgh, now in Langton, to said Mr. Robert Broun, for 800 merks, 31st July 1623.-/6^., 31 Dec. 1623.
Assignation by Andro Broun, son of the late James Broun, chirurgeon, burgess of Edinburgh, with consent of Mr. Eobert Broun of Pitcany, and John Smyth, writer in Edinr., his curators, in favour of Wm. Haliday, brother german of the late Sir John H. of Tulliboill, Kt., advocate, and Mr George Bonyman, servitor to Mr John Hay of Eister Kennet, of a bond due to the granter by Sir Michael Preston of Fentoun- barnesfor 520 merks. At Edinr., 8 March 1626. — i?^. of Deeds, 9th March 1626.
March 30, 1633. — Sasine of James Wemys, and Agnes Gourlay his spouse, in the lands of Muirtoun and Pitkenny, which " ad quondam Magistrum Eobertum Broun filium legittimum quondam, Joaunis Broun de Fordell hereditarie pertinu- erunt." — Part. Reg. Sasines : Fife.
August 6, 1640. — The inventarie and testament dative of the gwidis, geare, debtis, and sowmes of money perteining and awand, respectiue to wmquhill Dame Issobell Brown, spous to Sir George Erskene of Innerteill, knicht, ane of the senatoris of our Soverane Lordis Coledge of Justice, within the parochine of Kinghorn and shirefdorne of Fyff, the tyme of hir deceas quha deceassit in the moneth of October 1639 yeiris, faithfullie maid and gewin up be the said Sir George, quha is executor- dative surrogat to the said defunct in place off Thomas Gourlaw, Procurator fiscall of the said commissariot, efter dew citatioun, conforme to my Lord Commissionar of St. Androis decreit gewin thairanent the day off ' 1640 yeiris.
In the first, the said executer gave up the guidis and geare following, of the pryces and valouris efter specifeit, viz., xvij drawing oxen, pryce of the peice owerhead, xx lib. ; inde, iijcxl lib. Item, fyue horse, price of the peice owerhead, xxvj lib. xiij s. iiij d. ; inde, xxxiij lib. vj s. viij d. Item, ten kyne, price of the peice owerhead, xiij lib. vj.s. viij ; inde, icxxxiij lib. vj s. viij d. Item, x queyis and stirkis, price of the peice owerheid, vj lib. ; inde, lx lib. Item, lx scheip, young and old, pryce of the peice owerhead, xl s. ; inde, icxx lib. Item, standing in the barne yeard, the grouth of xxxvij bollis peis and beins, estimat to the fourt come, extending to icxlviij bollis, pryce of the boll, come and fodder, iiij lib. ; inde, vlxxxxij lib. Item, standing in the said barne yeard the grouth of xxix bollis aittis, estimat to the thrid come, extending to lxxxvij bollis aittis, pryce of the boll, corne and fodder, iij lib. ; inde, ijclxviij lib. Item, standing in the barne yeard, the grouth of thrie bollis quhyt estimat to the fourt corne, extending to xij bollis quhyt, price of the boll, corne and fodder, v lib. vj s. viij d. ; inde, lxiiij lib. Item, standing in the barne yeard, the grouth of xxvj bollis thrie firlotis beare, estimat to the fourt corne, extending to jcvij bollis, pryce of the boll, corne and fodder, iiij lib. ; inde, iiijcxxviij lib. Item
P
114 APPENDIX.
of utenceillis and domiceillis, with silvver pleat and the abulyiementis of the defunctis bodie, estiniat to vc lib.
Summa of the inventarie, . . . ijmvjcxxxviij lib. 13s. 4d.
Debtis awand to the dead.
In the first, be Wm Walwood in Seafield, for the half of the fermis thairof, the crop and yeire of God 1639, lxiiij bollis beare, pryce of the boll, iiij lib. ; inde, ijclxvj lib. Item, xxiiij bollis aitmeall, pryce of the boll, iij lib. ; inde, lxxij lib. Item, viij bollis aittis, pryce of the boll, iij lib. ; inde, xxiiij lib. Item, addebtit be the tennentis of Fyvie for the half of the fermis thairof the said cropt, xl bollis beare, pryce of the boll, iiij lib. ; inde, jclx lib. Item, xl bollis meall, pryce of the boll, iij lib. ; inde, j°xx lib. Item, adebtit be the tennentis of Briglandis, Innerteill, and myln thairof for the half of the fermis of the sainen, xxix bollis ane firlot ane peck twa lipies of beare, pryce of the boll, iiij lib. ; inde, jcxvij lib. vij s. vj d. Item, adebtit be them, xiiij bollis twa firlottis twa peckis twa lipies aitmeall, pryce of the boll, iiij lib. ; inde, xliij lib. x s. ij d. Item, adebtit be the tennentis of Balwerie for the half of the fermis thairoff, lx bollis beare, pryce of the boll, iiij lib. ; inde, ijcxl lib. Item, lx bollis aittmeall, pryce of the boll, iij lib. ; summa, jclxxx lib.
Summa of the saidis debtis, . . . jmijcxiij lib. vj s. viij d.
Summa of the inventarie and debtis, . iijmviijclij lib.
Debtis awand be the deadgewin wp be the housband.
In the first, to Jon Macnaught, burges of Edinr, for ane half yeiris bouse-meall, j° lib. Item, to Alexr Inglis, Litster in the Cannongeat, Ixvj Kb. xiij s. iiij d. Item, to the poore of Kinghorne, iij°xxxiij lib. vj s. viij d. Item, to M* Thomas Bigger, xx lib. Item, to Margaret Mowat, xxx lib. Item, to John Browne, of fie, 1 lib. Item, to "Wm Eolland, of fie, xxxiij lib. vj s. viij d. Item, to Henrie Alburne, xiij lib. Item, to Johne Alexander, xiij lib. Item, to Dawid Calvie, xij lib. Item, to Dawid Mertoun, vij lib. xiiij s. viii d. Item, to Michaell Meldruni, ix lib. vj s. viij d. Item, to Christiane Law, xiij lib. ij s. Item, to James Inglis, xxx lib. Item, to the Earle of Mortoun for the few ferme of the landis of Seayfield and Tyrie, xiiij bollis quheat, pryce of the boll, v lib. vj s. viij d. ; inde, Ixxiiij lib. xiij s. iiij d. Item, of silwer dewitie, lijj s. iiij d. Item, to the earle of Kinghorne for the teind dewitie of the landis of Innerteill, Seyfield, and Tyrie, xxxiij lib. vj s. viij d. Item, to the Kingis Majesty and his chalmerlaines of the regalitie of Dumfermeling, for the landis of Balweirie, vj bollis quheat, pryce of the boll, v lib. vj s. viij d. ; inde, xxxij lib. Item, twa chalderis quheat aittis, pryce of the boll, iij lib. ; inde, lxxxx lib. Item, audit bollis beare, pryce of the boll, iiij lib. ; inde, xxxij lib. Item of siluer dewitie, iiij lib.
Summa of the saidis debtis, . . . jmxj lib. iij s. iiij d.
Summa of the said geare, debtis deducit, . ijmviijcxlv lib. 16s. 8d.
To be dwydit in twa pairtis, ilk pairt is, . jmiiijcxxij lib. xviij s. 4d.
APPENDIX. 115
This present inventarie and testament befoir wreittin, togidder with the executor thairin abowe constituit is confirmat upon the saxt day of August 1640 yeires. The executor maid faith, etc., and Sir Jon McKenzie of Tarbet, knicht, barronet, is become cawtioun, etc. The said executor is obleist to releise his cautiouner. — Gommissariot of St. Andrews : Testaments, vol. ix.
XI. John Broun, youuger of Fordell.
Precept for Confirmation of Charter by John Brown of Fordell to John, his son and apparent heir, and Elizabeth Adamson, his spouse, of the lands of Cragnathrays, etc., 9th June 1589. — Privy Seal Register.
Ane Letter maid to Johnne Broun, younger of Fordell, his airis and assignais, ane or maa, of the gift of the escheit of all guidis, movabill and unmovabill, dettis, takis, stedingis, rowmes, possessionis, actis, contractis, actionis, decreittis, obligationis, reversionis, sowmes of money, jowellis, gold, siluer, cunzeit and uncunzeit, coirnis, cattell, insicht plenissing, guidis, and geir quhatsumevir, quhilkis pertenit to Eliza- beth Creichtoun and Niniane Creichtoun, hir sone, and to ilkane of thame, and now pertenyng to oure souerane lord, fallin and becumin in his hienes handis, and at his Maiesteis dispositioun be reassoun of escheit, throw being of the said Elizabeth and hir sone foresaid, ordourlie denuncit oure said souerane loirdis rebellis and put to his hienes home, be vertew of letters, in the foure formes, direct at the instance of Johnne Broun of Fordell, ffor non flitting, removing, decisting, and ceissing thame selffis, thair servandis, guidis and geir, fra the said Johnnis landis of Fordie, with houssis, biggingis, yairdis, and pertinentis thairof, lyand in the Scherefdome of Perth and parochin of Monedy, as in the saidis lettres of horning executionis and indorsationis thairof regis- trat in the scheref court buikis, conforme to the act of parliament, at mair lenth is contentit. With power, etc. At Edinburgh, the xviij day of March e, the yeir of God jmvc fourscoir nyne yeiris. xl s. Per signaturam. — Beg. Sec. Sig., Lib. lxi. fol. 43.
9 July 1597. The Testament dateive and inventar of the guids, gere, soumes of money, and dettis, perteining to vmquhill Johnne Brown, youngar of Fordell, within the parochin of Forgoun and Shirefdome of Perth, the tyme of his deceisse, quha deceissit in the moneth of December the yeir of God jmvclxxxxvj yeiris, ffayth- fullie maid, and gevin -vp be Dauid Broun of Finniouth, his lawfull brother, in name and behalf of Elizabet Brown, lawfull barne to the defunct and onlie executor dateive, decernit to him be decreit of the Commissaries of Edinburgh, as the samyn decreit of the dait, at Edinr., the nynth day of July, the yeir of God lxxxxvij yeiris, at lenth proportis, —
In the first, the said vmquhill Johnne Brown of Fordell had the guidis, geir, soumes of money, and dettis, of the availl and pryces efter following perteining to him, the tyme of his deceiss foirsaid, viz. : Item, in the barne and barne yard of Craig- nathro, sevin scoir fourtene bollis three furlattis aittis, pryce of the boll with the fodder, vj lib.; summa, nyne hundreth xxviij lib. x s. Item mair, in the said barne and
1 1 6 APPENDIX.
barne yard, xlviij bollis beir, pryce of the boll with the fodder, viij lib. ; sum ma, iijclxxxiiij lib. Item mair, vpone the said grand and landis of Craignathro, sevin- tene drawin oxiu by the airschipe, pryce of the pece ourheid, xiij lib. yj s. viij d.; summa, lijcxxvj lib. xiij s. iiij d. Item mair, vpou the said grund and landis, audit auld hag oxin, pryce of the pece ourheid, x lib. ; summa, lxxx lib. Item mair, thrie ky with thair followaris, pryce of the pece ourheid, ten pundis ; summa, xxx lib. Item mair, vpone the saidis landis, twa stottis, and aine quoy of twa yeir auldis, pryce of the pece ourheid, iiij lib. ; summa, xij lib. Item mair, vpone the said grund and landis, xxxiiij yowis, pryce of the pece ourheid, xxxiij s. iiij d. ; summa, lvj lib. xiij s. iiij d. Item mair, vpoue the said grund and landis, xxiij yeild scheip, pryce of the pece our- heid, xxxvj s. ; summa, xli lib. viij s. Item mair, vpone the said grund and landis, xxxvj hoggis, pryce of the pece ourheid, xxiiij s. ; summa, xliij lib. iij s. Item mair thair, four work horsses by the airschipe horss, pryce of the pece ourheid, ten pundis ; summa, xl lib. Item, vpone the grund and landis of Foodie, in the barne and barne yarde thairof, of fourtene bollis aittis, pryce of the boll with the fodder, vj lib.; summa, lxxxiiij lib. Item mair thair, four bollis, twa pectis beir, pryce of the boll with the fodder, aucht pundis ; summa, xxxiij lib. Item mair, vpone the said grund and landis of Foodie, four yeild scheip, pryce of the pece, xxxvj s. ; summa, vij lib. iij s. Item mair thair, four hairis at xxxiij s. iiij d. the pece, and twa hoggis, pryce of the pece, xxiiij s. ; summa, ix lib. xvj s. Item, of siluir work by the airschepe, ten siluir spunes, weyand ten vnces, pryce of the vnce wecht, 1 s. ; summa, xxv lib. Item, in vtencillis and domi- cillis, with the abuilzementis of his body, by the airschipe estimat to jc lib. Summa of the Inventar, ijmiic lib. viij s. viij d. Followis the dettis awin to the deid : Item, thair wes awin to the said vmquhill Johnne Brown, youngar of Fordell, be William Sterling, tennent and occupyar of Craignathro, for his fermis in anno lxxxxvj yeiris iij bollis iij furlattis nieill, and xiij bollis beir, pryce of the boll ourheid, vij lib. vj s. viij d. ; summa, ijcxlvij lib. x s. Item mair, awin be Robert Butchart thair, ane boll meill and aine boll beir, pryce of the boll ourheid, vij lib. vj s. viij d. ; summa, xiiij lib. xiij s iiij d. Item, be Thomas Butchert, and vij boll meill and four bollis bier, pryce of the boll ourheid, vij lib. vj s. viij d. ; summa, lxxx lib. xiij s. iiij d. Item, be James Doge, ten furlattis thrie pectis meill, and fyve furlattis aine pect beir, pryce of the boll ourheid, vij lib. vj s. viij d. ; summa, xxviij lib. xvij s. vj d. Item, awin be Gilbert Butchert thair, viij boll meill, iiij boll beir, pryce of the boll ourheid, vij lib. vj s. viij d. ; summa, Ixxxviij lib. Item, ba Silvester Bell for the Mertimes termes maill of fold, xvj lib. xiij s. iiij d. Item, be Lord Glames for byrun annuellis, vij°lxxxxv lib. Item, awin be Sir John Meluill of Kernebie, knycht, for byrun annuellis, i°xv lib. Item, awin be the bailleis, counsall, and communitie of the Burghe of Edinbr, of byrun annuallis, ijclx lib. Item, awin be Wm Sterling in Craignathro for byrun fermis, 1 lib. Item, be Johnne Naiphe of Mathie, conforme to his obligatioun, xli lib. xiij s. iiij d. ; be Mr. William Kernecrose of Balmachonner, vj lib. xiij s. iiij d. Item, be Margaret Lyall, xij lib.
Summa of the dettis awin to the deid, . jmvijclxj lib. xiij s. ij d.
Summa of the Inventar with the dettis, iii'"viijclviij lib. ij s. x d.
APPENDIX. 117
Followis the dettis awin be the deid.
Item, thair wes awen be the said Jon Broun, youngar of Fordell, to Wm. Broun, sseruand for his yeiris fie in anno lxxxxvj yeiris, iij lib. Item, to James Kar for his fie in anno foirsaid, iiij lib. Item, to Adam Wilsoun for his fie in anno foirsaid, vj lib. Item, to Thomas Lawick, servand, for his fie in anno foirsaid, xl s. Item, awin to Marioun Stodairt, nureische, for her fie and bouutie in anno foirsaid, xiij lib. vj s. viij d. Item, to [Mr. David Lyndesay?], minister of Forfar, for his teind siluir of Craignathro, in anno foirsaid, xiij lib. vj s. viij d. Item, Maistress of Mar for hir vicraige teind of Craignathro, in anno foirsaid, xx s. Item, to [Mr. William Bow?] minister of Foirquhar, for the maillis of Craignathro in anno foirsaid, xx s.
Summa of the dettis awin be the deid, . xliij lib. xiij s. iiij d.
Bestis of frie geir the dettis deducit, . iijmviijcxiiij lib. ix s. vj d.
To be devidit in thrie partis. Deidis parte is, ..... imijcl.\xi lib. xiiij s. iij d.
Quhairof the quot is componit for, . . xxxvj lib.
—Reg. of Testaments, Edinburgh, vol. xxx. fol. 235.
March 23, 1604. — Special service by commission under the Great Seal, and by deliverance of the Lords of Council and Session, by the Sheriff of Fyff and Berth, of Elizabeth Adamesoun, relict of umquhile John Broun, younger of Fordell, in and to a reasonable terce and thrid part of all and sundry lands and others wherein her said vmquhile spouse died last vest and seased as of fee, to wit, Wester Balbartane, in the parish of Kingorne Eister : the sheriff's bailie in that part, George Small of Forderance, enters the said Elizabeth Adamsoun to the schadow syd and thrid part of the saids lands by delivery of earth and stone in the hands of William Hay, seruitor to the erle of Arroll, her attorney. — Protocol Booh.
31st August 1615. — Action by James Martyne, Frovest of Sanct Salvatoris College, Mr. David Monipenny and George Martyn, principal masters thereof, against Hew Moncreiff in Hiltoun, Malcome Moncreiff there, Andrew Thomson there ; William Cochrane, in Kirktoun of Malar ; Hew Brown there ; Thomas Broun, in Mains of Malar ; Catharine Brown, Ladie Gask, in Forteviot, and others, for wrong- ful intromission with the small teinds of said lands belonging to the said James Martyne. — Reg. of Decreets in Commissariot of St. Andrews.
Discharge by Elizabeth Broun, only daughter and executrix confirmed to umquhile John Broun, younger of Fordell, she being now " of perfytt aige of tuentie- ane yeiris compleit," in favour of David Broun of Fynmonthe, for 3150 merks, paid by him to her in terms of contract, dated at Newgrange, 11th July 1615, between the said David and Robert, his eldest son and apparent heir on the one part, and the said Elizabeth on the other, with consent of her curators. At Newgrange, 19th May 1616.— Reg. of Deeds, 14th June 1616.
118 APPENDIX.
XII. John Broun of Fordell.
Hec Inquisitio facta fuit apud burgum de Perth et in pretorio eiusdera quinto die mensis Octobris anno Domini millesimo sexcentesimo secundo coram Gulielmo Murray apparenti de Tullibardin vicecomite, vicecomitatus de Perth, Magistro Wmo Murray de Ochtertyre, et Magistro Joanne Moncreif de Eister Moncreif, suis deputatis, per hos subscriptos, viz. : Patricium Ogilvy de Inchmertein dominum Thomam Stewart de Garntully militem dominum Patricium Murray de Bin, Gulielmum Oli- phant de Gask, Gulielmum Moncreif de Tibbermallo, Oliuerum Zoung balliuum burgi de Perth, Georgium Auchinleck de Balmanno, Andream Pitcairne de Innernethie, Patricium Maxtoun de Cultuquhay, Magistrum Georgium Lundy de Gortie, Colinum Eviot de Balhoussie, Patricium Inglis de Byris, Magistrum Wmum Euthuen de Frie- land, Dauidem Murray de Linhill, et Alexandrum Murray de Wodend : Qui jurat dicunt quod quondam Joannes Broun de Fordell auus Joannis Broun nunc de Fordell, latoris presentium obiit vltimo vestitus et sasitus vt de feodo ad fidem et pacem S. D. N. regis de omnibus et singulis terris de Nether Fordie cum vniuersis et singulis suis per- tinentijs jacentibus in baroiiia de Strathurde et vicecomitatu de Perth Et quod dictus Joannes est legitimus et propinquior heres dicti quondam Joannis aui sui de omnibus et singulis predictis terris cum pertinentijs Et quod est legitime etatis Et quod dicte terre de Nether-Fordie cum pertinentijs valent nunc per annum decern mercas Et tempore pacis sex mercas Et quod tenentur in capite de Andrea Moncur nunc de eodem in albafirma Eeddendo inde annuatim vnum denarium vsualis monete regni Scotie apud dictas terras nomine albefirme si petatur tantum Et quod nunc existunt in manibus dicti Andree Moucur de eodem superioris earundem per spacium vnius termini aut eocirca vltime elapsi ratione nonintroitus et id ob causam mortis dicti quondam Joannis aui sui veri heredis earundem Jus suum hucvsque minime prose- quentis In cuius rei testimonium sigilla quorundam qui dicte Inquisitioni intererant presentibus apponuntur Et hoc breue incluso clausisque sub sigillo dicti vice- comitatus sub anno die mense quibus supra. — Reg. of Rctours, vol. ii. fol. 174.
March 10, 1604. — Action by Andro Moncur of that Ilk against John Broun of Fordell — the pursuer complaining that he was charged by precept from Chancery to receive as his tenant of the lands of Fordie, the said John Broun, " allegit oy and air of vmquhile John Broun of Fordell, his guidschir."
The Lords suspend execution of the said precept on the ground that the pur- suer then lodged in the hands of John Cupar, clerk, a precept to enter the said John Broun as tenant in the said lands. — Acts mid Decreets, vol. ccxi. fol. 172.
Obligation by John Broun of Eister Fordell to Alexander, Bishop of Dunkeld, to relieve him of the cost of providing the communion elements for the parish church of Forgund, and of the repair of the said church, in consideration that the said Bishop granted a new infeftment to the said John Broun of the lands of Fordell, teinds, etc., thereof, to which he had succeeded as heir " to his forbearis." At
APPENDIX. 119
Fynmonth, 18th April 1614 : witnesses, David Broun of Fynmonth, and Eobert, his eldest son and apparent heir. — Reg. of Deeds, 10th November 1629.
February 19, 1640. — Contract of marriage between John Brown of Fordell, on the one part, and Mr. William Adamson of Craigcruik, and Margaret Adamson, his eldest lawful daughter, on the other part, for the marriage of the said John Brown and Margaret Adamson, in contemplation whereof the said John Brown becomes bound to infeft his said future spouse, in her pure virginity, in liferent in the lands of Wester Balbartoune, in the barony of Aberdour, constabularie of Kingorne, and shire of Fife, and regality of Dalkeith ; reserving to Elizabeth Adamson, mother of the said John Brown, her third and terce of the said lands during her lifetime ; also to infeft the said Margaret in liferent, and the heirs to be procreated betwixt them, whom failing, the nearest and lawful heirs of the said John Brown, heritably in the lands of Deuglie, Mill of Arngosk, etc. The tocher of Margaret Adamson was 5000 merks. Dated at Edinburgh April 12, 1627. — Reg. of Deeds, vol. 525.
November 26, 1634. — Alia Inquisitio facta fuit in Curia vicecomitatus de Edin- brugh tenta in pretorio burgi eiusdem coram Magistris Lawrentio Mcgill Davide Hereot advocatis et Joanne Eliot vicecomitibus deputatis dicti vicecomitatus de Edinbrugh specialiter constitutis vigesimo sexto die mensis Novembris anno Domini millesimo sexcentesimo Trigesimo quarto Per hos probos et fideles patrie viros subscriptos, viz., dominum Eobertum Fairlie de Braid Joannem Couper de Nethir Gogar Hugonem Somerwell de Drum Magistrum Willielmum Naper de Wrightishoussis Magistrum Joannem Cant de Lawrestoun Jacobum Inglis de Nather Cramond Joannem Stalker de Drylaw Magistrum Joannem Adamesoun advocatum Jacobum Braidfute merca- torem burgensem de Edinbrugh Nicolaum Eynd vestiarium ibidem Willielmum Quhyt lie broudinstar burgensem de Edinbrugh Joannem Stewart apud lie Dairy Milnes Hugonem Cawdoun in Leith Willielmum Mortimer scribam in Edinbrugh et Alexandrum Watsoun mercatorem ibidem Qui jurati dicunt quod quondam Joannes Broun de Fordell pater Willielmi Broun latoris presentium obijt ad pacem et fidem S. D. N. regis Et quod dictus Willielmus Broun est legittimus et propinquior heres eiusdem quondam Joannis sui patris inter ipsum et Margaretam Adamesoun suam spon- sam legittime procreatus Et quod est legittime etatis In cuius rei testimonium sigilla quorundam eorum qui dicte inquisitioni intererant faciende vnacum brevi regio incluso Necnon sigillo officij dicti vicecomitatus cum signo et subscriptione manuali Magistri Joannis Oliphant clerici dicte curie presentibus sunt appensa anno die mense et loco prescriptis Sic subscribitur M. J. Oliphant. — Inquis. Retornat. Rcgistrum, vol. xiv. fol. 89.
Carta Willielmi Broun Terrarum Baronie de Dewglie, etc. Carolus Dei gratia magne Britannie Francie et Hibernie rex fideique defensor Omnibus Probis hominibus totius terre sue clericis et laicis salutem Sciatis nos Dedisse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque
120 APPENDIX.
eiusdem dare concedere disponere ac pro nobis et successoribus nostris pro perpetuo confirmare Dilecto nostro Willelmo Broun filio legitimo primogenito et heredi quon- dam Joannis Broun de Fordell ex secundo matrimonio legitime procreato heredibus et assignatis dicti W" quibuscunque liereditarie Omnes et singulas terras baronie de Dewglie cum suis partibus pendiculis anuexis connexis domibus edificijs etc., nec- non totum et integrum molendinum de Arnegosk cum terris molendinarijs multuris sequelis annexis connexis et omnibus suis pertinentijs ac etiam omnes et singulas decimas garbales ville de Dewglie cum suis pertinentijs jacentes in dominio de Cam- buskenneth et infra vicecomitatum nostrum de Pertb : Quequidem terre molendinum terre molendinarie multure sequele decime garbales aliaque particulariter superius specificata cum omnibus suis annexis connexis partibus pendiculis et pertinentijs qui buscunque Joanni Broun nunc de Fordell filio legitimo natu maximo et heredi dicti quondam Joannis Broun de Fordell sui patris inter ipsum et [Catherinam Lindsay] eius sponsam ex primo matrimonio legitime procreato perprius hereditarie pertinuerunt Et que nos cum avisamento expresso censensu et assensu W™ OUphant de Pitlochie Jacobj Melvill de Halhill Boberti Broun apparentis de Fynmonth magistri Roberti Lindsay fratris Dauidis domini de Balcarras et magistri Georgij Grahame de Insehe- braikie aut trium eorum illius curatorum pro eorum interesse pro perimpletione et obseruatione vnius partis contractus matrimonialis inter dictum* quondam Joannem Broun de Fordell ab vna et mgistrum Wmum Adamesoun* de Craigcruik et dictam Margaretam Adamesoun eius filiam legitimam vnanimi consensu et ilia pro seipsa cum consensu dicti sui patris partibus ab altera initi et confecti de data duodecimo die mensis Aprilis anno Domini millesimo sexcentesimo vigesimo septimo penes inatrimonium tunc contractum et postea solemnizatum inter dictum quondam Joan- nem Broun de Fordell et dictam Margaretam Adamesoun per suos legitimos procura- tores literas procuratoriales resignationes literas patentes ad hoc specialiter factos et constitutes sursum reddidit pureque et simpliciter per fustim et baculum vt moris est resignauit In manibus nostris et in manibus dictorum dominorum nostrorum com- missionariorum tanquam potestatem et comiuissionem vt premissum est habentium tanquam in manibus dicti Joannis Broun nunc de Fordell inimediati legitimique superioris earundem raiione sursum redditionis et resignationis per Joannem comitem de Mar etc., olim superiorem earundem terrarum dominij et monastery de Cambus- kenneth de quibus eedem perprius tenebantur in feudifirma et sic pars earundem et terrarum ecclesiasticarum dicti regni nostri Scotie existens ad perpetuam remanentiam apud cum omnibus jure titulo interesse et jurisclameo proprietate et posses-
sione que seu quas dictus Joannes Broun nunc de Fordell heredes sui et assignati in et ad easdem aut aliquam earundem partem habuit habet seu quouismodo habere clamare aut pretendere poterit aut poterint aliquo tempore preterito vel futuro In fauorem dicti W™ Broun suorumque prescriptorum pro hoc nostro novo hereditario infeofa- mento per nos nunc tanquam legitimum superiorem earundem in debita et com- petenti forma desuper dando et conficiendo prout autentica instrumenta desuper suscepta latius proportant Tenendas et habendas omnes et singulas dictas terras dicte baronie de Dewglie Ac etiam totum et integrum dictum molendinum de Arnegask
APPENDIX. 121
cum terris nrolendinarijs multuris sequelis annexis connexis et omnibus suis perti- nentijs necnon totas et integras dictas decimas garbales dicte ville de Dewglie cum suis pertinentijs jacentes vt predicitur prefato Willielmo Broun heredibus et assignatis suis superius specificatis de nobis et successoribus nostris nunc superioribus earun- dem ratione supramentionata in feudifirma et hereditate imperpetuum Per omnes rectas metas suas antiquas etc. Eeddendo annuatim dictus Willielmus Broun heredes sui et assignati predicti nobis et successoribus nostris nunc superioribus in loco et jure supramentionatis aut alijs jus habentibus eorum factoribus camerarijs seu alijs eorum nominibus Pro dictis terris dicte baronie de Dewglie summam octuaginta mer- carum vsualis monete huius regni nostri Scotie Et predicto molendino summam sex mercarum monete predicte ad duos anni terminos festa viz. Pentecostes et Sancti Martini tanquani firmam et devoriam pro eisdem ex antiquo solitam et consuetam ac etiam summam sex mercarum monete prescripte in augmentationem antiqui ren- talis dictarum terrarum de Dewglie cum pertinentijs Et summam quadraginta soli- dorum in augmentationem firmarum et feudifirme firmarum et devoriarum dicti molendini cum terris molendinarijs multuris et sequelis eiusdem Extendentes in integro ad summam sexaginta trium librarum sex solidorum et octo denariorum monete predicte ad terminos antedictos per equales portiones solvendorum Eeddendo et solvendo similiter annuatim dictus Willielmus Broun heredes sui et assignati pre- dicti Episcopo Dunkeldensi et successoribus suis eorumve factoribus et camerarijs pro predictis decimis garbalibus dicte ville de Dewglie summam quinque librarum monete predicte in relevamen dicti monasterij de Cambuskenneth fructum in terminis solitis et consuetis ad cuius summe astringentur et obligabuntur solutionem ac etiam heredes dicti Willielmi Broun duplicando dictam feudifirmam primo anno eorum introitus ad predictas terras molendinum et decimas garbales antedictas cum pertinentijs prout vsus est feudifirme tanquam antiquam feudifirme firmam devoriam et augmentati- onem in originali infeofamento earundem feudifirme contentas tantum Et si continsat dictum Willielmum Broun heredes suos et assignatos deficere in solutionem dictarum summarum et annuarum devoriarum per tres terminos simul in vnum concurrentes Tunc et in eo casu presens nostrum infeofamentum irritum et exspiratum omnimodo erit ac si idem nunquam datum et concessum fuisset Et nobis et nostris predictis superioribus earundem reversurum absque omni strepitu juris aut figura judicij et nullius roboris efficacie effectus vel momenti erit et declarabitur secundum tenorem dicti antiqui infeofamenti Eeservato tamen libero tenemento seu vitali reditu omnium et singularum predictarum terrarum dicte baronie de Dewglie Necnon totius et integri dicti molendini de Arnegosk cum terris molendinarijs multuris sequelis annexis connexis et omnibus suis pertinentijs ac etiam omnium et singularum deci- marum garbalium dicte ville de Dewglie cum pertinentijs dicte Margarete Adame- soun relicte quondam Joannis Broun de Fordell predicti libere tenementarie earun- dem pro omnibus sue vite diebus secundum tenorem dicti contractus matrimonialis infeofamentorum et jurium earundem In cuius rei testimonium huic presenti carte nostre magnum sigillum nostrum apponi precepimus Testibus vt in alijs cartis con- similis date precedentibus Apud Edinburgum vigesimo quarto die mensis Decem-
Q
122 APPENDIX.
bris anno Domini millesiino sexcentesimo trigesimo quarto et anno regni nostri decimo. — Reg. Mag. Sig.
May 18, 1643. — Tack by Margaret Adamsone, relict of John Broune of Fordell, to " Henrie Meldrum in Eister Balbartane, his aires and assignais, being of nae heigher degree nor himselfe," of the lands of Wester Balbartane, in the parish of Kinghorn, for seven years, for payment to the said Margaret or her heirs, etc., " of the number of fyftie aucht bollis victuall, guid and sufficient stuff, mercat mett and mercatt measure, quherof twentie three bollis weel cleane dicht bear, and therof thretie five bollis clean weel scheallit aite meale, with sex capones, auchteen hennis, and three dossen of young foullis yearlie." At Edinburgh, 2d May 1635. — Reg. of Deeds.
1642, July 27. — Disposition by Sir James Galloway, knight, Master of Be- quests, of three tenements in the Canongate of Edinburgh, in favour of Margaret Adamson, relict of John Brown of Fordell, sister's daughter of the said Sir James, for " the love and respect " he has and bears to her, in liferent, and to William Brown, her son and " his bairnes ane or mae laufullie to be procreat of his bodie allenarlie ; " whom failing, to Thomas Galloway, " my natural! sone " and his heirs, reserving to the granter and his said son " at all occasions quhen it sail happen us, or aither of us, to be within this kingdom, the use of these rowmes underwritten, viz., the haill upper rowme of the said tenement, and bedding, quhairof the entrie is designit to be with tua doores, the ane thereof entering above the hall and the other above the chamber of eais, both contigue together upone the top of the turnepek, togidder with the keitchin, sellars, stabillis," etc. At Canongate, 13th June 1642. Witnessed by Sir Bobert Spotswode of Dunypace, Sir Lues Stuart, advocate ; Mr. Alexander Guthrie, town clerk, etc. — Reg. of Deeds, vol. 540.
Crown Charter to James Broun, son and heir of the late George Broun, chamberlain at Eestenneth, of the lands of Pitreuchie, in the priory of Eestenneth and shire of Forfar, upon his own resignation. At Edinburgh, 10th February 1643. — Great Seal Register.
XIII. Sir John Broun of Fordell, Knight.
Nono Novembris 1633, licet. — In presence of the Lordis of Counsell compeirit Mr. Samuell Gray, procurator for Sir David Lyndesay of Balcarres, knycht ; Frances Ogilvie of Newgrainge ; David Broune of Fynmonth ; Mr. Bobert Broune of Pitkeny, his brother german ; William Oliphant, somtyme of Gask ; Mr. Bobert Lyndesay, brother germane to the said Sir David ; Margaret, Maisteris William and Bobert Adamsones, eftirdesignit, and gave in the obligatione underwrittin, desyring the samen to be insert and registrat in the bookes of Counsell, to have the strenth of ane decreit of the Lordis thairof, that executoriallis mey pas thairvpone in nianer specifeit thair- intill, quhairof the tenor followis : — We, the persones eftirnamit, wndersubscry veris, speciall freindis and kinsmen of the hous of Fordell, having considerit the present
GALLOWAY, LORD DUNKELD.
Argent, a Lion rampant, azure armed and langued gules.
(Lyon Register.)
APPENDIX. 123
estate of the said hous, lyklie to fall and ruyne'be ressone of the burdenis quhairwith it is presentlie distrest, the air being yit minor, and wther tua bairnes of the first mariage left wnprovydit, and being most cairfull and willing to acquyt our selffis as kynd and loving freindis and kinsmen, and to kyith our earnest desyre and affectione quhilk we have to the standing and preservatione of the said hous and living of For- dell, that the same may in some sort be keipit from ruyne till the air attene to the perfyte aige of tuentie ane yeiris compleit, ffor that effect everie ane of ws be thir pre- sents ar content, and condiscendis, and bindis, and obleissis ws faithfullie for the effect foirsaidis : And for the better intertainment of the said air and remanent children above- mentionat, to content and pay the particular soumes of monie aftirspecifeit, in maner, at the termes, and wpon the provisiones eftirmentionat, ilkane of ws for our pairtis, that is to say, Sir David Lyndesay of Balcarres, knycht, the soume of ane hundrethe merkis money of this realme ; Frances Ogilvie of Newgrange and Elizabeth Adam- sone, now his spous, and the said Frances, takand the burden on him for hir, the soume of ane wther hundreth merkis monie ; David Broune of Fynmonth, the lyke soume of ane hundreth merkis monie foirsaid ; Mr. Robert Broune of Pitkeny, his brother germane, the lyke soume of ane hundreth merkis ; Williame Oliphant, somtyme of Gask, the soume of fyiftie merkis monie foirsaid ; Mr. Robert Lyndesay, brother ger- mane to the said Sir David, the soume of ffourscoir merkis money foirsaid ; Margaret Adamsone, relict of vmquhill John Broune of Fordell, that laitlie deceist, the soume of twa hundreth merkis monie foirsaid ; Mr. William Adamsone of Craigcruik, the soume of ffyiftie merkis ; Mr. Robert Adamsone, his brother germane, the lyke soume of ffyiftie merkis monie foirsaid, quhilkis particular soumes of monie everie ane of ws, for our awne pairtis, as said is, bindis and obleissis ws to content and pay yeirlie, at the terme of Mairtemes, during the minoritie of the said air, and ay and quhill he be of perfyte aige of tuentie ane yeiris compleit, beginning the first yeiris payment thairof at the terme of Martimes nixtocum in this present yeir of God jmvj° threttie ane yeiris, and sa furth yeirlie thaireftir, during the space foirsaid, providing alwayes that incace it shall happin in the mean tyme the said estate and living of the said hous of Fordell tobe augmentit and helpit be deceis of ony of the lyiffrentaris, or that it sail happen the said air to marie, then and in that cace, fra that tyme furth, we, nor nane of ws be longer astrictit in payment of the foirsaidis soumes promittit be ws as said is, bot thir presentis to ceis and expyre as gif the samen had nevir bene maid nor grantit : Lykas also we have appointit, nominat, and chosen the said Mr. Robert Adamsone to ressave the foirsaidis soumes fra ws in maner above specifeit : Quhilkis soumes we obleis ws, ilk ane for our awne pairtis as said is, to pay and delyvir within the burgh of Edinburgh, to the said Mr. Robert, yeirlie, at the terme, in maner, and during the space befoir reherst : And the said Mr. Robert his dischairge to be ane sufficient exoneratione to the payeris of the saidis soumes ; eftir the ressait quhairof be the said Mr. Robert, we be thir presentis, gives full libertie and power to him to depurse, give out, and imploy the samen soumes, or ony pairt thairof, alsweill the said soume of ffyiftie merkis monie promittit be himselff, in maner foirsaid, as the rest quhilk he sail happin to ressave of the foirsaidis soumes at the sicht of ony tua of
124 APPENDIX.
ws the foirnarnit freindis with hiniselff, as they sail find neidfull and expedient for the caussis foirsaidis : It is alwayes provydit heirby be expres conditione of this present band, and in sa far as concernis the said soume of ane hundreth merkis, promittit yeirlie be me, the said Frances Ogilvy, and my said spous, that ane lawchfull assignatione maid and subscryvit be ws (quhilk I, the said Frances, bindis and obleissis me and my aires to caus my said spous ratifie judiciallie, and to warrand the samen fra our awne proper factis and deidis allanerly), of the lyk soume of ane hundreth merkis monie yeirlie, during the space foirsaid, ffurth of the first and reddiest of the soume of thrie hundreth merkes, conditionit to me, the said Frances, and my said spous, be vertew and conforme to ane contract past betuix ws, the said wmquhill John Broune of Fordell and ws thairanent, sail be ane sufficient exonera- tione to me, the said Frances, and my said spous, of the said soume of ane hundreth merkis monie promittit be ws for our pairtis, as said is : And to the observing of the haill premisses, we, the foirsaidis persones undersubscryveris, bindis and obleissis ws faithfullie in the surest forme of band, all exceptione of law secludit : And for the inair securitie we ar content and consentis thir presenttis ar insert and registrat in the bookes of counsell and sessione, to have the strenth of ane decreit, with lettres and executoriallis neidfull to pas heiron, and the horning tobe wpon ane single chairge of sex dayes only, and heirby constitutis Mr. Samuell Gray our procuratoris. In witnes quhairof, we have subscryvit thir presenttis (writtin be James Guthrie, writter) at Edinburgh, the nyntene dayis of July jmvjc threttie ane yeiris, befoir thir witnessis, the said James Guthrie ; David Lyndesay, servitor to me, the said Sir David Lyndesay ; David Boyd, servitor to me, the said William Oliphant ; Mr. James Orme, and Bichard Hay at Arngosk mylne : Sic subscribitur D. Lyndsay of Balcarres; Fran Ogilvie ; David Broune of Finmoneth ; Bo* Broune; Williame Oliphant; Mr. Ro* Lyndesay ; Mr. W™ Adamsone ; Mr. Bo* Adamsone ; Margaret Adamsone ; David Lyndesay, witnes ; David Boyd, witnes ; J. Guthrie, witnes ; Mr. James Orme, witnes to Margaret Adamsone hir subscriptione ; Bichart Hay, witnes also to the said Margaretis subscriptione, etc. — Reg. of Deeds, vol. cccclxviii.
October 23, 1633. — Election of curators by John Brown of Fordell, who was " evadit and past thefourtein " year of his age. Bersons summoned by edict to com- pear— David Brown, elder of Finmonth, and Robert B., his eldest lawful son, and apparent thereof, nearest of kin to the said pupil, " maist lionest and famous" on his father's side, and a noble and potent lord, David, Lord Lyndsay of Balcarres, and Mr. Bobert Lyndsay, his brother, nearest of kin "maist honest and famous," on his mother's side, in special, and all others having or pretending interest. The persons elected by the pupil were James Melville of Hallhill ; Mr. George Graham, fiar of Inchbreikie ; Bobert Brown, fiar of Finmonth ; William Oliphant of Bitlochie ; and the said Mr. Bobert Lyndsay, or any three of them conjunctly. Brown, Oliphant and Lyndsay were present, and accepted of the office. Melville afterwards accepted. — Commissariot of St. Andrews : Acta.
APPENDIX. 125
November 26, 1634. — Hec Inquisitio facta fuit in pretorio burgi de Edin- brugh coram honorabilibus viris Marco Haniiltoun Alexandro Maxwell Jacobo Dowglas et Eoberto Crichtoun clavigeris ordinary's vicecomitibus vicecomitatuum de Pertb Forfar et Fyfe ac ballivis regalitatis de Dalkeith in hac parte per commis- sionem S. D. N Eegis sub testimonio sui magni sigilli specialiter constitutis necnon virtute dispensationis in eadem contente penes locum concesse vigesimo sexto die mensis Novenibris anno Domini millesimo sexcentesimo trigesimo quarto per hos honorabiles probos et fideles homines subscriptos nempe Davidem Crightoun de Lugtoun militem Alexandrum Foullis juniorem de Colingtoun militem dominum Eobertum Fairlie de Braid dominum Joannem Wauchop de Nidrie Eobertum Hamil- toun de Bathgait Joannem Dundas de Newlistoun Gulielmum Murray de Netoun Joannem Coupar de Gogar Magistrum Joannem Cant de Lawrestoun Jacobum Inglis de Crawmond Hugouem Soinerwell de Drum Magistrum Gulielmum Naper de Wrightisboussis Gilbertum Kirkwood de Pilrig dominum Ludovicuni Lawder de Adiestoun et Magistrum Joannem Young de Eeidhewis Qui jurati dicunt quod quondam Joannes Broun de Fordell pater Joannis Broun nunc de Fordell latoris pre- sentium obijt vltimo vestitus et sasitus vt de feodo ad pacem et fidem dicti S. D. N. Eegis de omnibus et singulis terris et alijs subtus specificatis viz. In omnibus et singulis terris baronie de Dewglie Ac etiam in toto et integro molendino de Arngosk cum terris molendinarijs multuris sequelis annexis connexis et earundem pertinentijs Et similiter in omnibus et singulis decimis garbalibus ville de Dewglie cum suis pertinentijs jacentibus infra dominium de Cambuskenneth et vicecomitatum de Pertb In omnibus et singulis terris de Nether Fordie cum omnibus et singulis earundem pertinentijs jacentibus in baronia de Strathvrde et infra vicecomitatum de Perth antedictum In omnibus et singulis terris de Wester Balbartane cum vtrisque dinri- dietatibus earundem et suis pertinentijs jacentibus in baronia de Aberdour constabu- laria de Kingorne infra vicecomitatum de Fyfe at regalitatem de Dalkeith In tota et integra limitata et bondata parte et portione subscriptis terrarum vocatarum lie Kingismure jacentium in baronia de eodem et infra vicecomitatum de Forfar et bondatarum vt sequitur in vulgari To witt the samyne limitat and boundit pairt and portioun lyand contigue on the north, and the landis of Craignatra, and with the landis callit the Waird, vtherwayes callit Cadame, and the samyne limitat and boundit pairt and portioun forsaid lyand contigue on the eist with the gait callit the burne of Cadame passeth furth fra the eist pairt of the saids landis of Waird to the merch set doun be wmquhill Sir Thomas Lyoun of Auldbar, knyght, and be Andro Gray of Lour, devyding his lands fra the said Muir and therfra wast- ward fra the samyne merch ; The said limit and boundit pairt and portione forsaid lyand contigue on the south with the lands of Meikilure, and the peice of the said mure pertaineing to Neva of that ilk, adioynit to the
landis of Methie, as the samyne peice is devydit fra the west of the said mure be stanes and merches imput and set in be the said Sir Thomas and be the said Neva of that ilk. And lykwayes the said limite and boundit pairt and portioun for- said lyand contigue on the west with the peice of the said mure alledgit pertaining to
126 APPENDIX.
the brugh of Forfar, as the samyne peice is devydit fra the rest of the said mure be merches and stanes imput and set doun be the said vraquhill Sr Thomas and be the said brugh, sua that the said limit pairt and portione forsaid of the saids landis callit the Kingismure, sauld, annaliet, and disponit to Elizabeth Adamesoun in lyfrent and Williame Broun of Fordell, hir sone, his aires and assignayes, in fie heretablie, hes the saids lands of Craignatra and Waird on the north, the said burne on the eist, the saids lands of Meiklelour and the said peice of the said mure adjoynit with the saidis lands of Methie on the south, and the said peice of the said mure alledgit pertaining to the said brugh of Forfar on the west pairtis. Cum speciali et plenaria potestate et libertate occupandi laborandi colendi arandi et fodiendi dictam partem limitatam et bondatam dictarum terrarum de lie Kingismure infra predictas omnes bondas limites et metas eiusdem tanquam eorum proprietatem libere tenementarium et hereditatem respective omni tempore futuro Necnon in omnibus et singulis terris de Craignathrow vnacum decimis garbalibus earundem inclusis jacentibus infra baroniam de Resten- ueth et vicecomitatum de Forfar antedictum Et quod dictus Joannes Broun nunc de Fordell est legittimus et propinquior heres dicti quondam Joannis Broun de Fordell eius patris de omnibus et singulis predictis terris baronia decimis garbalibus molendino terris molendinarijs multuris sequelis et alijs particulariter superius specifi- catis . . . Et quod est legitime etatis Et quod omnes et singule predicte terre et baronia de Dewglie . . . Ac etiam totum et integrum dictum molendinum de Arngosk cum terris molendinarijs multuris sequelis annexis connexis et omnibus suis pertin- entijs Et similiter predicte decime garbales dicte ville de Dewglie cum pertinentijs nunc valent per annum firmas feudifirme et divorias subtus specificatas viz. predicte terre dicte baronie de Dewglie cum omnibus earundem pertinentijs summam octua- ginta mercarum vsualis monete regni Scotie Et dictum molendinum de Arnegosk summam sex mercarum monete predicte ad duos anni terminos consuetos festa viz. Pentecostes et Sancti Martini in hieme tanquam firniam et divoriam earundem pro eisdem solvi solitas et consuetas Ac etiam summam sex mercarum monete supra- scripte in augmentationem rentalis dictarum terrarum de Dewglie cum pertinentijs et quadraginta solidorum in augmentationem firnie antedicte dicti molendini cum terris molendinarijs multuris et sequelis eiusdem Extendentes in integro ad summam sexaginta trium librarum sex solidorum et octo denariorum monete predicte ad ter- minos supramentionatos per equales portiones Ac etiam summam quinque librarum monete antedicte pro dictis decimis garbalibus dicte ville de Dewglie ad terminos prescriptos Ac duplicando dictam feudifirmam primo anno introitus heredis ad pre- dictas terras molendinum et decimas garbales cum pertinentijs prout vsus est feudi- firme et tantum valuerunt tempore [pacis] Et quod eedem terre molendinum decime garbales aliaque superius specificata perprius de Joanne comite de Mar domino Erskine et Garioche etc. superiore earundem tente Et nunc de S. D. N. Bege ration e sursum traditionis et resignationis per dictum comitem in manibus dicti S. D. N. Regis dicte baronie de Cambuskenneth in feudifirma et hereditate imperpetuum pro annua solutione feudifirme firmarum devoriarum et augmentionum superius men- tionatarum infeofamento feudifirme earundem contente Et quod predicte terre de
APPENDIX. 127
Nether Fordie cum omnibus et singulis suis pertinentijs nunc valent per annum decern mercas et valuerunt tempore pacis sex rnercas Et quod eedem de Andrea Moncur de eodem in libera albafirma tenentur in capite pro annua solutione vnius denarij vsualis monete regni Scotie apud dictas terras nomine albefirme si petatur tantum et quod omnes et singule predicte terre de Wester Balbartane cum pertinentijs nunc valent per annum summam quinque mercarum vsualis monete antedicte ad dicto duos anni terminos Pentecostes et Sancti Martini per equales portiones nomine albefirme Et tantum valuerunt tempore pacis Et quod eedem terre de Gulielnio comite de Mortoun domino Dalkeith et Aberdour superiore earundem tenentur in capite pro annua solutione dicte summe quinque mercarum monete prescripte ad terminos superius mentionatos nomine albefirme Et quod dicta limitata et bondata pars et portio dictarum terrarum de Kingismure cum privilegijs et pertinentijs earundem superius specificatis jacens et bondata vt supra nunc valet per annum viginti solidos Et tempore pacis valuit sex solidos et octo denarios Et quod eedem de heredibus et successoribus dicti quondam domini Thome Lyoun de Auldbar milite superioribus earundem in feodo hereditate et libera albafirma tenentur pro annua solutione vnius denarij super solum alicujus partis eiusdem limitate et bondate partis et portionis antedictarum terrarum de Kingismure ad festum Pentecostes nomine albefirme si petatur tantum Et quod omnes et singule predicte terre de Craigna- throw . . . nunc valent per annum du£s mercas vsualis monete hums regni pre- dicti ad duos anni terminos Pentecostes et Sancti Martini in hieme per equales por- tiones nomine feudifirme Et tantum valuerunt tempore pacis Et quod decime garbales antedictarum terrarum nunc valent per annum summam vnius merce monete predicte ad terminos prescriptos per equales portiones etiam nomine feudifirme Et tantum valuerunt tempore pacis ac duplicando dictam feudifirmam primo anno intro- itus heredis prout vsus est feudifirme Et quod eedem terre decime aliaque predicta cum pertinentijs perprius de Thoma comite de Kellie tenebantur Et nunc de dicto S. D. N. Eege ratione sursum traditionis et resignationis per ipsum in manibus dicti S. D. N. Kegis in feudifirma et hereditate tente pro annua solutione dictarum feudifirmarum et aliorum in originali infeofamento feudifirme earundem tantum Et quod omnes et singule prenominate terre baronie moleudiuum terre molendinarie multure sequele decime garbales etc. nunc sunt prout exstiterunt in manibus dic- torum superiorum earundem respective supra expressorum continuo a decessu dicti quondam Joannis Broun de Fordell patris dicti Joannis Broun nunc de Fordell latoris presentium qui obijt in mense Junij anno Domini millesimo sexcentesimo trigesimo primo per spatium trium annorum et quinque mensium aut eocirca ratione non in- troitus in defectu dicti Joannis Broun nunc de Fordell eius veri legittimi et propin- quioris heredis jus suum hucvsque minime prosequentes Eeservato tamen libero tenemento seu vitali redditu omnium et singularum dictarum terrarum baronie de Dewglie ... Ac etiam de toto et integro dicto molendino de Arngosk cum terris molen- dinarijs multuris sequelis annexis connexis et suis pertinentijs quibuscunque Nee non de omnibus et singulis predictis decimis garbalibus dicte ville de Dewglie cum pertinentijs Et similiter de omnibus et singulis dictis terris de Wester Balbartane
128 APPENDIX.
cum suis pertinentijs Margarete Adaniesoun relicte dicti quondam Joannis Broun de Fordell pro omnibus sue vite diebus secundum tenorem eius contractus matrimonialis infeofamentorum jurium et securitatum factorum et inde sequentium In cuius rei testimonium sigilla quorundam eorum qui dicte inquisitioni intererant presentibus apponuntur sub brevibus inclusis vna cum sigillis dictorum vicecomitum in hac parte sub anno die et mense quibus supra Sic subr Ita est Arthurus Stratoun notarius publicus ac scriba curie predicte inquisitionis et retornatus testantibus meis signo et subscriptione manualibus. — Reg. of Retours, vol. xiv.
October 27, 1636. — Tbe inventarie and testament dative of the guidis, geir, and dettis of wmquhill Issobell Mwrray, spous to Jon Browne of Fordell, within the Pariochine of Falkland and shirreffdome of Fyffe, the tyme of hir deceiss quha deceissit in the moneth of 16 yeiris, ffaithfullie maid and givin vpe be
Schir Andro Murray of Ballwaird, knycht ; Gilbert and Mr Wm Murrays, onlie lawfull brithers germane to the defunct and executoris datives decernit to tbair said vmquhill sister be decreit of the Commissary of St. Andrews, the ffourt day of October 1636 yeiris.
In the ffirst, the defunct deceissand within yeir and day eftir hir marriage, and had na housshauld plenishinis, plentellis nor domeceillis exceptand the abuilyementis of hir bodie, estimat to ijc lib.: Summa of the inventarie, ij° lib.
Dettis awand to the dead : — In the ffirst, thair were belonging to the defunct, tym of hir deeceis foirsaid, viijm lib.,quhilk was deliwerit to hir said husband in name of toucher guid, and now perteinand to hir executoris because schoe deceissit within yeir and day efter hir mariage. Summa of the saidis dettis, viijm lib. Summa of the inventarie and dettis, viijmij° lib., — quhairof thair is na dewisioun. The present testament before writtin, togidder with the executoris thairin constitut, is confirmit vpone the xxvij day of October 1636 yeires. The saidis executoris maid faith, and Williame Murray in' Highame, is become cautioun, etc. The saidis executoris are auctorizate to releive him of the said cautiounrie. — Commissar iot of St. Andrews : Testaments, vol. ix.
Instrument of resignation of the lands and barony of Bossie and others in favour of the Bight Honourable Sir James Scott of Bossie, Knight, Collonell, and the heirs male of his body, whom failing, to his nearest and lawful heirs and assignees, and the lands of Wester Bossie in liferent to Dame Antonia Willobie, his spouse, proceeding on procuratory of resignation, February 29, 1639, and dated October 10, same year. — Rossie Titles.
Nono Novembris 1611. — In presens of the Lordis of CounseU comperit Bobert Stewart, advocate, procuratour speciallie constitut for Johne Broun of Fordell, and gaue in the dischairg wnderwrittine, subscryveit with his hand, quhairof the tennour fallowis : Be it kend till all men be thir present lettres, me, Johne Broun of Fordell, fforsameikill as David, Lord of Balcaras, designit in the obligatione underwrittine Sir Dauid Lyndsay of Balcaras, knycht ; Francis Ogiluy of Newgreang, and Elizabeth Adamsone, now his spouse ; Dauid Broun of Fynmont ; Mr. Bobert Broun of Pitt-
APPENDIX. 129
kenney ; William Oliphant, sometyme of Gaske ; Mr. Bobert Lyndsay, brother ger- mane to the said Dauid, Lord Balcaras ; Margaret Adamsone, relict of wmquhile Johne Broun, sometyme of Fordell ; Mr. William Adamsone of Cragcruik, and Mr. Bobert Adamsone, his brother, — be thair band, daitit the nynt and nyntine dayes of July j"Vj° threttie ane yeires, ffor the caussis thairin mentionat, obleistthame to haue payit to me, the said Johne Broun, and Bobert and Keathrine Brunes, my brother and sister, tua bairnes of the first marriage, the sowmes of money underwrittine vide- licet, the said Dauid, Lord Balcaras, the sowme of ane hundrethe merkis ; the said Francis Ogiluy, the sowme of ane hundrethe merkis ; the said Dauid Broun, ane hundrethe merkis ; the said Mr. Bobert Broun, ane hundrethe merkis ; the said William Oliphant, ffyftie merkis ; the said Mr. Bobert Lyndsay, ffourscore merkis ; the said Margaret Adamsone, tua hundrethe merkis ; the said Mr. William Adamsone, ffyftie merkis ; the said Mr. Bobert Adamsone, ffyftie merkis money of this realme, and that yeirlie, at the feist of Mertimes, dureing the minoritie of the air of Fordell (quhilk is my selff), and ay and quhill I war of the age of tuentie ane yeiris compleit, beginand the first yeiris payment at Mertimes j"Vjc threttie ane yeiris, and sua furthe dureing the space foirsaid, with provisione that incais it should happine in the meantyme, the said estait and leiveing of the said hous of Fordell to be augmented and helped be deceas of any of the lyf- rentaris, or the said air to marie, that fra then furthe the saidis persones to be no longer astrictit in payment of the saidis sowmes. Bot the said band to ceis and expyre lykeas the said Mr. Bobert Adamsone was appointed nominat, and chosine be the said band to vplift the saidis sowmes, and to quhome the saidis persones became obleist for delyvrie thairof, as in the said band of the dait foirsaidis, conteining divers heids, articles, claussis, and conditiones, registrat in the buikis of Counsell vpon the nynt day of November jmvj° threttie thrie yeiris at mair lenth proportis. And trew 'it is that the foirsaid persones, and ilk ane of them for thair awne pairtis, maid thankfull payment to the said Mr. Bobert Adamsone and James Adamsone, his brother, and factour in his name, off the particular sowmes foirsaidis off all yeiris bygane preceiding the dait of my manage, that the said band and benefit thairof expyrit, and that the said Mr. Bobert Adamsone and his factour in his name, hes mead gud and thankfull payment to me and the saidis bairnes of the first mariag, at least for our intertinnement at schooles, als weill of his awne particular sowmes for- said, vndertane and obleist to be payeit be him the yeires foirsaidis, as of the vther particulare sowmes abovewrittine. Off the quhilkis sowmes I hold me weill content satisfiet, and payeit ; thairfor witt ye me to haue exonerit quytclameit, and simplice- ter dischairgeit . . . the foirsaidis persones ... of the foirsaidis sowmes of money particularlie abovewrittine. . . . Subscryveit att Edinburgh, the sextine day of October jmvjc fourtie ane yeiris befoir thir witnesses — Mr. Laverance Obphant, advocat ; Johne Guthrie, servitour to the said Francis Ogiluy ; Jamas Aitkin, wreter in Edinburgh ; and George Abernathie, writer heirof. — Reg. of Deeds, vol. 533.
November 23, 1611. — Discharge by "Margaret Adamsone, relict of wmquhile
P.
130 APPENDIX.
Johne Broun of Fordell, and Keathrine Adamsone, her sister, dauchteris lawfull to wmquhile Mr. William Adamsone of Cragcruik, procreat betuix him and wmquhile Dorathie Galloway, his first spous, and sisteris lauful to wmquhile Jonnet and Anna Adamsones, lykwayes dauchteris to the said wmquhile Mr. William, and the said Dorathie," to " Sir James Galloway, secretar to our soverane lord designit be the band . . . Mr. James Galloway, sone to wmquhile Mr. Patrik Galloway, minister of Christis evaugell at Edinburgh," their uncle, for 8000 merks contained in his bond, dated. . . . Dated at the Canongate, November 20, 1640. — Ibid.
Renunciation by William Oliphant of Balgouny, in favour of Sir John Brown of Fordell, knight, of all and whole the lands of Fordell, called Easter Fordell, Blairstrowie, and Cottownes, lying within the barony of Dunkeld and sheriffdom of Perth, in which the said William Oliphant had been seised in consideration of having advanced the sum of 13,000 merks Scots owing to certain creditors of the said Sir John, during his minority, and which had been so advanced with consent of Robert Brown of Finmonth, James Melvill of Halhill, and Mr. Robert Lyndsay, brother- german to Lord Balcarres, his curators. Subscribed at Edinburgh 19, and recorded 20 April 1647. Witnesses, Mr. Lawrence Oliphant, advocate; Patrick Murray of Woodend ; Andrew Lundie, son to Andrew Lundie of Conland ; and Thomas Nasmyth, notary public. — Gen. Reg. Sas., vol. lvi. fol. 170.
17 Dec. 1653.— Obligation by "Sir John Broune of Fordaill, Knycht," to "James Broune, Chyrurgeane, burges of Edinburgh," for 10,000 merks Scots, borrowed money. " William Oliphant of Balgounie, Robert Broune of Finmonth, and James Broune, cordiner, burges of Edinburgh," are his cautioners. Dated and sub- scribed at Edinburgh 16th April 1647. — Reg. of Deeds, vol. 593.
Sasine proceeding upon Precept, by Wm. Earl of Morton, in favour of Sir John Brown of Fordell, knight, as heir to his father, the late John Brown of Fordell, of the lands of Wester Balbartane, in the barony of Aberdour and sheriffdom of Fife. The Precept is dated at Aberdour 24 April 1647. John Brown, brother-german of Robert Brown of Fynmouth, acts as attorney for Sir John. — Gen. Reg. Sas., vol. lvi. fol. 225.
14 July 1647. — Sasine proceeding on charter by Archibald Lord Angus to Sir John Brown of Fordell, knight, of the lands of Coalfargie and others, in the parish of Abernethy. The charter is dated at Edinburgh 9th June 1647. William Oliphant of Balgouny is attorney for Sir John. — Ibid. fol. 438.
14 July 1647. — Sasine proceeding on charter by Lawrence Keir of Nether Colcuquhair, with consent of Margaret Balfour, his wife, in favour of Sir John Brown of Fordell, knight, of the lands of Wester Fordell, with the pendicle called Pareis, which lands are proper parts of the barony of Forgandenny. The charter is dated at Hal- tounhill 10 June 1647. Michael Balfour of Pitmedden is a witness. David Brown in Abbotsduiglie is a witness to the sasine. Robert Hay of Strowie is attorney for Sir John.— Ibid. fol. 437.
APPENDIX. 131
Contract between Archibald Lord Angus, heritable proprietor of the lands and others after-mentioned, and Sir John Brown of Fordell, knight, whereby, in considera- tion of the sum of £41,000 Scots having been paid, the said Archibald Lord Angus gives, grants, dispones, and in feu-farm lets to the said Sir John Brown, his heirs-male and assignees whatsoever, heritably and irredeemably, without reversion, the lands of Culfergie, Easter and Wester Courries, Haltounfargis, and others, lying within the parish and barony of Abernethy and sheriffdom of Perth. Dated and subscribed at Edinburgh, 9th June 1647, before these witnesses, William Olyphant of Balgonie ; Mr. Lawrence Oliphant, advocate; Mr. William Syme, writer in Edinburgh; Alex- ander Douglas, W.S. ; Mr. William Douglas, advocate ; and Patrick Douglas, servitor to the said Lord Angus. Kecorded 6th June 1778. — Reg. of Deeds, Durie Office, vol. ccxxxvii. p. 546.
Instrument of Resignation of the lands and barony of Rossie in favour of Sir John Brown of Fordell, knight, and Marie Scott, eldest lawfull daughter to Sir James Scot of Possie, knight-banneret, procreate betwixt him and Dame Antonia Willobie, his spouse, promised spouse to the said Sir John Brown, and the longest liver in conjunct fee, and the heirs lawfully to be procreat betwixt them ; whom failing, to the heirs lawfully to be begotten of the said Marie Scot by any other husband ; whom failing, to Anne Scott, her sister-german, and the heirs lawfully to be begotten of her body ; whom failing, to the said Sir James Scot, his nearest and lawful heirs and assigns, etc., reserving always their liferent to Sir James, and her terce to his spouse, the lands all to be redeemable by the heirs-male of the body of Sir James Scot, by his present or any other spouse, by payment of 27,000 merks, and usual interest, to Sir John Brown and his said promised spouse, in terms of their contract of marriage, dated at Rossie 11 Feb. last. Dated 18 February 1648.— Rossie Titles.
Extract Retour of the special service of Sir John Brown of Fordell, knight, as lawful and nearest heir of the deceased William Brown, his brother (frater consan- guiueus), in the lands of the barony of Dewglie, Mill of Arngosk, with mill lands thereof, multures, sequels, etc., also in the teind sheaves of Dewglie, all lying in the lordship of Cambuskenneth and shire of Perth. The service is in similar terms to the charter of the aforesaid William Brown (id supra, p. 119), and is expede in the Tolbooth of Perth, before Mr. John Murray of Cowdoun, sheriff-depute of James, Earl of Tullibardine, Sheriff-principal of Perth, the persons of inquest being — Hugh Mitchell of Kincarroquhie, David Muschet of Spittletoun, David Muschet of Calze- chatt, William Moncreiff of Kildeismylne, Ninian Thomson in Cairney, Patrick Martine of Newmylne, Alexander Martine, his brother, David Murray in Eddradoll, Robert Menzies in Buchanty, John Johnstone in Cultmalundie, Thomas Irving, Alexander Moncreiff, Henry Brown, Gilbert Fairie, and John Wyllie, burgesses of Perth. Dated 26 February 1648.— Retours, vol. xix. fol. 223.
Precept for Crown Charter in favour of Sir John Brown of Fordell, knight, and Marie Scot, his affianced spouse, eldest daughter of Sir James Scot of Rossie, Baronet,
132 APPENDIX.
by Lady Antonia Willoby, his spouse, of the barony of Eossie, dated 1st March 1648. — Reg. Sec. Sig., Lib. cxiv. fol. 386.
Precept for Crown Charter to Sir John Brown of Fordell, and Marie Scot, his promised spouse, and their heirs, of the lands of Easter Fordell, in terms of their marriage contract of date at Eossie 11th February 1648. Dated 1st March 1648. — Ibid. fol. 388.
Carta Domini Joannis Broun de Fordell, militis, teerartjm et Bakonie de Fordell.
Carolus Dei gratia Magne Britannie Francie et Hybernie Eex fideique defensor, Omnibus probis hominibus totius terre sue clericis et laicis salutem. Sciatis nos cum avisamento .... dedisse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque eiusdem dare concedere disponere ac pro nobis et successoribus nostris pro perpetuo confirmare dilecto nostro domino Joanni Broun de Fordell militi et heredibus legitime procreandis inter ipsum et Mariam Scot filiam legitimam natu maximam domini Jacobi Scott de Eossie militis ejus sponsam pro- missam quibus deficientibus legitimis et propinquioribus heredibus masculis et assig- natis quibuscunque dicti domini Joannis Broun hereditarie (sub reversione pro- visionibus conditionibus et restrictionibus specificatis et contentis in contractu facto penes matrimonium inter prefatos dominum Joannem Broun et Mariam Scot de data apud Eossie vndecimo die mensis Februarij vltimo elapsi que sunt et tanquam pro expressis in hac presenti carta nostra habebuntur) Omnes et singulas terras de Eister Fordell cum molendino earundem Blairstrowie et Cottounes cum turre fortalicio maneriej [loco] pomarijs hortis toftis croftis lie outsettis annexis connexis partibus pendiculis et omnibus earundem pertinentijs quibuscunque jacentes in baronia de Dunkeild infra vicecomitatum nostrum de Perth Et omnes et singulas terras et baroniam de Dewglie .... Totum et integrum molendinum de Arngosk cum terris molendinarijs multuris sequelis annexis connexis earundem pertinentijs ac omnes et singulas decimas garbales ville de Dewglie cum earundem pertinentijs jacens infra dictum vicecomitatum nostrum de Perth Quequidem terre baronia aliaque suprascripta ad dictum dominum Joannem Broun perprius hereditarie per- tinuerunt per ipsum de nobis imediate tente et per ipsum per suos legitimos pro- curatores ipsius nomine ad hunc effectum specialiter constitutos et patentes literas in manibus dictorum dominorum nostri scaccarij dicti regni nostri Scotie nostrorum comniissionariorum nostram potestatem et comissionem resignationes nostro nomine recipiendj habentium tanquam in manibus nostris dicti domini Joannis Broun imediati legitimi superioris earundem pure et simpliciter per fustim et bacculum vt moris est apud Edinburgum resignate fuerunt vna cum omni jure titulo interesse et iurisclameo que dictus dominus Joannes Broun heredes seu assignati habuerunt babent seu quovismodo habere vel clamare poterint in et ad terras baroniam aliaque prescripta cum pertinentijs aut ad aliquam huiusmodi partem in futurum In favorem proque hoc nostro novo infeofamento earundem per nos nostro sub magno sigillo
APPENDIX. 133
prefato domino Joanni Broun heredibus suis tallie et assignatis antedictis hereditarie (sub reversione provisionibus oonditionibus et restrictionibus supramentionatis) in debita et competenti forma desuper dando et concedendo provt autentica instru- menta desuper suscepta in manibus Alexandri Leslie notarij publici de data decimo octavo die mensis Februarij vltimo elapsi latius proportant Preterea pro bono fideli et gratuito [seruicio] nobis nostrisque preclarissimis progenitoribus per dictum dominum Joannem Broun suosque predicessores temporibus retroactis prestito et impenso proque diversis alijs bonis causis et considerationibus nos moventibus nos cum avisamento et consensu antedicto De novo dedimus concessimus et dispo- suimus assedavimus arrendavimus locamus et in feudifirmam dimissimus et hac presenti carta nostra coufirmavimus tenoreque eiusdem de novo damus concedimus disponimus assedamus arrendamus locamus et in feudifirmam dimittimus ac pro nobis et successoribus nostris pro perpetuo confirmamus prefato domino Joanni Broun de Fordell militi heredibus suis tallie et assignatis antedictis hereditarie (sub reversione provisionibus conditionibus et restrictionibus supraspecificatis) omnes et singulas terras baroniam aliaque supra et subscripta, viz. omnes et singulas predictas terras de Eister Fordell cum molendino earundem Blairstrowie et Cottounes cum turre fortalicio manerie pomarijs hortis toftis croftis lie outsettis annexis connexis partibus pendiculis et omnibus earundem pertinentijs quibuscunque omnes et singulas predictas terras et baroniam de Dewglie .... Totum et integrum predictum molendinum de Amgosk cum terris molendinarijs multuris sequelis annexis connexis et earundem pertinentijs ac omnes et singulas dictas decimas garbales predicte ville de Dewglie
. . . . omnes vt dictum est jacentes vnacum omni iuretitulo interesse etc
Insuper nos pro causis suprascriptis proque diversis alijs bonis causis et considera- tionibus nos moventibus ex nostra certa scientia proprio motu authoritate regia et potestate regali cum avisamento et consensu antedictis fecimus vnivimus annex- avimus creavimus et incorporavimus tenoreque presentis carte nostre facimus vnimus annexamus erigimus creamus et incorporamus omnes et singulas predictas terras de Eister Fordell terras et baroniam de Dewglie molendinum de Arngosk predictas decimas garbales dicte ville de Dewglie aliaque supra scripta cum pertinentijs partibus pendiculis et pertinentijs supra expressis in vnam integram et liberam baroniam nunc ac omni tempore futuro Baroniam de Fordell nuucupandam ordinando dictam turrim fortalicium et maneriei locum de Eister Fordell principale fore messuagium dicte baronie Ac volumus et concedimus ac pro nobis et successoribus notris decernimus et ordinamus quod vnica sasina nunc per prefatum dominum Joannem Broun perque heredes suos tallie et assignatos supra specificates omni tempore futuro apud dictam turrim et fortalicium et maneriei locum de Eister Fordell capienda stabit et sufficiens erit sasina pro omnibus et singulis terris barronia molendinis decimis alijsque suprascriptis cum omnibus suis partibus pen- diculis et pertinentijs antedictis absque vlla alia speciali seu particularj sasina per dictum dominum Joannem Broun suosque prescriptos apud aliquam aliam partem seu locum huiusmodi suscipienda Non obstante quod eedem simul et contigue minime jacent penes quas sasinas et cum omnibus que desuper sequi poterint nos
134 APPENDIX.
euro, avisamento et consensu antedictis dispensavimus tenoreque presentis carte nostre pro nobis et successoribus nostris dispensamus imperpetuum Tenendas et habendas omnes et singulas terras aliaque supra et subscripta .... prefato domino Joannj Broun heredibus suis tallie et assignatis antedictis nobis et successoribus nostris in feudifirma feodo et hereditate et libera baronia imperpetuum. Per omnes rectas rnetas suas antiquas et di visas provt jacent in longitudine et latitudine. . . . Eeddendo annuatim prefatus dominus Joannes Broun heredes sui tallie et assignati antedicti nobis et successoribus nostris alijsque ius pro tempore habentibus pro predictis terris de Eister Fordell molendino earundem Blairstrowie et Cottounes cum turre fortalicio maneriei et pertinentijs earundem supramentionatis homagium et servitium ac solvendo annuatim summam quadraginta mercarum annuj redditus vsualis monete dicti regni nostri Scotie ad duos anni terminos vsuales festa viz. 1'entecostes et Sancti Martini in bieme per eqnales portiones ac servitia debita et consueta Ac prestando tria secta ad tria placita capitalia baronie de Dunkeild secundum tenorem antiquorum infeofamentorum earundem pro predictis terris et Laronia de Dewgliecum pertinentijs summam octuaginta mercarum monete antedicte pro predicto molendino summam sex mercarum monete supra scripte ad dictos duos anni terminos consuetos festa viz. Penthecostes et Sti. Martini in hieme tanquam tirmam earundem pro eisdem ab antiquo solvi solitam et consuetam Ac etiam annuatim summam sex mercarum monete predicte in augmentationem antiqui rentalis dictarum terrarum de Dewglie cum pertinentijs et quadraginta solidos in augmentationem firmarum prefati molendini cum terris molendinarijs multuris et sequelis eiusdem extendentes in toto ad summam sexaginta trium librarum sex solidorum et octo denariorum monete antedicte etiam solvendo in terminis predictis per equales dimidias portiones et predictis decimis garbalibus prefate ville de Dewglie summam quinque librarum monete antedicte ad terminos solitos et con- suetos Ac etiam predicti beredes tallie prefati domini Joannis Broun duplicando dictam feudifirmam primo anno eorum introitus ad prefatas terras molendinum decimas garbales cum pertinentijs provt vsus est feudifirme tantum Et si contigerit dictum dominum Joannem Broun heredes suos tallie et assignatos antedictos deficere in solutione prefatarum summarum et annuj census predicti per tres ter- minos simul in vnum concurrentes tunc et in eo casu hoc presens infeofamentum in quantum idem concernit seu extendi potest ad predictas terras et baroniam de Dewglie et decimas garbales dicte ville de Dewglie cum pertinentijs irritum inane et expiratum erit ac si non factum fuisset et ad nos et successores revertetur absque omni strepitu juris aut rigore judicij nullius roboris et momenti decernendum secundum tenorem antiquorum infeofamentorum earundem Providetur omni- modo quod presens hec nostra carta erit absque preiudicio nostre annuitatis et provisionum ministrorum stipendiorum provt de jure congruit In cuius rei testi- monium buic presenti carte nostre magnum sigillum nostrum apponi precepimus Apud Edinburgum primo die mensis Martij anno Domini millesimo sexcentesimo quadragesimo octavo et anno Eegni nostri vigesimo tertio. — Reg. Mag. Sig., Lib. viii. No. 116.
appendix. 135
Carta Domini Joannis Broun de Fordell, Militis, eiusque Sponse, Terrarum et Baronie de Eossie, etc.
Carol us Dei gratia Magne Britannie Francie et Hibernie Bex fideique defensor Omnibus probis horuinibus totius terre sue clericis et laicis salutem Sciatis nos . . . de- disse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque eiusdem dare concedere disponere ac pro nobis et successoribus nostris pro perpetuo confir- mare dilectis nostris domini Joannj Broun de Fordell militi et Marie Scott filie le°i- tiuie natu maxirae domini Jacobi Scott de Eossie militis baronetti inter ipsum et dominam Antoniam Willobie eius conjugem procreate sponse promisse dicti domini Joannis Broun eorumque alteri diutius viventi in coniuncta infeodatione et heredi- bus inter ipsos legitime procreandis quibus deficientibus heredibus legitime pro- creandis de corpore prefate Marie Scott cum aliquo alio marito cui ipsam nuptam fore contigerit quibus deficientibus Anne Scott eius sorori germane et heredibus de corpore ipsius legitime procreandis quibus deficientibus legitimis et propinquioribus heredibus dicti domini Jacobi Scot vel in eius optione aliquibus alijs heredibus seu assignatis per ipsum nominandis faciendis constituendis designandis vel ordinandis per nominationem assignationem dispositionem seu quovis alio modo aliquo tempore sue vite etiamsi in articulo mortis secundum privilegium contentum in novissimo iufeofamento per nos sub nostro magno sigillo prefato domino Jacobo Scot de terris et Baronia subscriptis concesso quibus deficientibus legitimis et propinquioribus here- dibus et assignatis quibuscunque dicti domini Jacobi hereditarie (sub reversionibus reversione provisionibus conditionibus et restrictionibus particulariter et generaliter posteamentionatis) totam et integrant baroniam de Eossie comprehendentem terras aliaque snbscripta, viz. totas et integras terras de Eister Eossie cum aula maneriei loco etc. . . . ac etiarn omnes et singulas villain et terras de Wester Eossie et tres terna- rias sive tertias partes huiusmodi per Jacobum Bonar olim de Eossie a personis subtus specificatis hereditarijs feuditirmarijs earundem pro tempore conquestas et acquisitas viz. vnam ternariam seu tertiam partem earundem a quondam Jacobo Scrim«eor de Myres aliam ternariam siue tertiam partem earundem a Joanne Bonar seniore de Lumquhatt et tertiam ternariam sive tertiam partem earundem a Thoma Hardie in Dasmill . . . vna etiam cum toto integro lacu de Eossies anguillarum area lie Eilark eiusdem paludibus lie myres de Eossies partis parcis lie Insches et gallis dicti lacus et palludium de Eossies Necnon cum piscarijs Taui per cymbas naviculas retes quam alias quovismodo infra integrum lacum cumque omnibus alijs partibus privile"iis pendiculis et pertinentijs quibuscunque terrarum aliarumque supra scriptarum jacentes infra senescaUatum et vicecomitatum nostrum de Fyff et infra speciales et particulares bondas metas et limites subsequentes provt sequitur in vul^ari viz. Be- ginnand at the eist at the dyk callit Bonaris dyk, and thair fra south eist be the marche stanes imput in the sched of land callit Drumlaw to the well callit Lochvrie quhilk devyds the lands of Eister Eossie fra the lands of Kinloch and fra the said well passand south west be the end of the arrable landis of Kinloch Eister, Kilquhis, and the moss callit Bowhousmos, whill it cum to the burne callit the Lochburne
136 APPENDIX.
dischending south west as the burne runs to the Lochburne Latch, and fra that west and south as the burne runes quhill it cum to the lands of Wester Kilquhis be the west, Eilsland, and fra thyn west as the dyk quhilk devyds the lands of Wester Kilquhis fra the myre off Eossie, quhill it com to the southwest nuock of the samen dyke, and thairfra west or therby to the burne of Auchtermughtie, callit the Medow Landis, and aschending the samen burne to the stank quhilk dewyds the myre of Eossie fra the arrable landis of Aughtermughtie, and passing vp the samen stank to the myre yet and brigend of Wester Eossie, and thairfra passand vp the wester syd of the arable landis to the west den of Eossie Wester, and passand through the mids of the said den be ane stryp to the Whytfield, and therfra to the hie gait leidand be Maires Landis to Lumquhatmillne, and fra the samen hie eist and north betuixt the arrable lands of Lumquhatmillne and Lumquhat be ane stryp to St. Thomas Land ends, and passand eist the said stryp quhill it cum to the niarche stanes betuixt the arrable lands of Lumquhat and Wester Eossie, and downe be the said marche stanes to the march steans betuixt Lumquhat and Eister Eossie, and doune Glen Cortas den be the said marche steanes, and therfra northeist to the Lochieheid dyk, and therfra be the march stanes to the den betuixt the landis of Wellersbie and Eister Eosie, and doun the said den be the marche stanis to the forsaid dyk callit Bonars dyk, whair the saids marchis begann Necnon totum et integrum molendinum de Lum- quhattis cum domibus terris molendinarijs et omnibus suis pertinentijs jacens infra dominium de Fyiff et vicecomitatum nostrum de Fyiff predictum inter terras de Wester Eossie ex orientali terras de Auchtermughtie ex occidentali et torrentem a dicto molendino currentem ex boreali et aquam de Bervie ex australi partibus ab vna et alijs ac etiam communem pasturam ad dictum molendinum et terras molendinarias spectantem in terra subhumida lie sward eird versus orientem et lacum de Eossie descendendo per lie quhyt feild et occidental iter ad lie St. Brydiswell in terra sub- humida inter torrentem et viam curialem vna cum omnibus et singulis liberis et astrictis multuris lie sucken alijsque privileges libertatibus communijs et comodita- tibus quibuscunque vsitatis et consuetis ad dictum molendinum et terras molendinarias spectantibus et similiter omnes et singulas decimas garbales aliasque decimas tarn rectorias quam viccarias totarum et integrarum predictarum terrarum de Eister Eossie et Waster Eossie et terrarum de Nether Eossie que est pars dictarum terrarum de Eister Eossie et molendini de Lumquhat predicti et terrarum molendinariarum eius- dem cum partibus pendiculis et pertinentijs earundem omnes vnite in vnam baroniam de Eossie nuncupatam vna etiam cum annuitate prefatarum decimarum dictarum integrarum terrarum et baronie Eeservando omnimodo prefato domino Jacobo Scot suo libera tenemento seu vitali redditu integrarum terrarum baronie molendini lacus piscariarum annuitatis aliorumque prescriptorum durante omnibus ipsius vite diebus Ac etiam reservando prefate domine Antonie Willobie eius vitali redditu terrarum aliarumque subscriptarum viz. omnium et singularum predictarum ville et terrarum de Wester Eossie et trium ternariarum seu tertiarum partium huiusmodi supramen- tionatarum per dictum Jacobum Bonar olim de Eossie a predictis personis heredi- tarijs feudifirmarijs earundem conquestarum et acquisitarum . . . vna etiam cum ilia
APPENDIX. 137
parte dicti maneriei loci de Eossie vocata lie New Wark totius et integri predicti molendini de Lumquhat teirarum rnolendinariarum et communis pasture huiusmodi suprascripte cum omnibus et singulis liberis et astrictis multuris lie sucken privi- legijs libertatibus comunijs et comoditatibus quibuscunque visitatis et consuetis ad dictum molendinum et terras molendinarias spectantibus vna cum decimis predic- tarum terrarum Et annuitate prefatarum decimarum necnon reservando prefate dornine Antonie Willobie vitali redditu totius et integri vnius annui redditus sex celdrarum victualium bine partis avenarum et tertie partis hordej boni et sufficientis mercimonij annuatim levandi et precipiendi inter festa nativitatis domini et purificationis beate Marie virginis de ceteris dictarum terrarum et baronie de Eossie ipsi in vitali redditu vt dictum est minime reservatarum aut de aliqua earundem parte iacente vt supra Et hoc in plenariam contentationem et satisfactionem dicte domine Antonie Willobie ipsius tertie et tertie partis dictarum reliquarum terrarum et barronie omniumque aliarum terrarum bereditatuum et annuorum redditunm que ipse spectare aut ad ipsam pertinere poterit aut que ipsa petere vel clamare poterit per decessum dicti domini Jacobi Scot eius mariti si ipsum post eius decessum superstitem fore contigerit prouidetur similiter quod predicte integre terre et barronia de Eossie cum decimis earundem et annuitate dictarum decimarum redimabiles erunt per heredes masculos legitime pro- creates de corpore prefati domini Jacobi Scot cum dicta domina Antonia Willobie aut aliqua alia coniuge quam contigerit ilium ducere a prefato domino Joanne Broun et dicta sua sponsa promissa eorumque predictis per solutionem vel consignationem summe viginti septem millium mercarum vsualis monete dicti regni nostri Scotie vno die immediate precedeute festum Pentecostes vulgo Witsonewine super premoni- tione quadraginta dierum precedentium in presentia notarij et testium vt congruit locus redemptionis futurus in domo exteriori lie wter hous nove sessionis domus de Edinburgh apud pedem pulpiti huiusmodi casu absentie seu recusationis consignatio in manibus thesaurarij seu decani gilde burgi de Edinburgh fore periculo consignantis subque ceteris provisionibus conditionibus et restrictionibus specificatis et contentis in contractu facto penes matrimonium inter prefatos dominum Joannem Broun et Mariam Scot de data apud Eossie vndecimo die mensis Februarij vltimo elapsi que sunt et tanquam ad longum et de verbo in verbum insertis in hac presenti carta nostra habebuntur Quequidem terre baronia decime annuitas aliaque suprascripta ad prefatum dominum Iacobum Scot de Fiossie perprius hereditarie pertinuerunt per ipsum de nobis imediate tente et per ipsum per legitimos suos procuratores ipsius nomine ad hunc effectum specialiter constitutos et patentes literas in manibus dictorum dominorum nostri scaccarij dicti regni nostri Scotie nostrorum commision- ariorum nostram potestatem et comissionem resignationes nostra nomine recipiendi habentium tanquam in manibus nostris prefati domini Iacobi Scot imediati legitimi superioris earundem pure et simpliciter per fustim et baculum vt moris est resignate fuerunt Apud Edinburgum vnacum omni titulo hire interesse et iurisclameo que prefatus dominus Iacobus Scot heredes sui seu assignati habuerunt habent seu quovismodo habere vel clamare poterint in et ad terras baroniam decimas aliaque
S
138 APPENDIX.
suprascripta cum pertinentiis aut aliquam huiusmodi partem in futurum In favorem proque hoc novo nostra infeofamento earundem per nos nostra sub magno sigillo prefato domino Ioanni Broun et dicte sue sponse promisse eorumque alteri diutius viventi in coniuncta infeodatione et heredibus ipsorum tallie et assig- natis antedictis hereditarie (sub reversionibus reversione provisionibus et condi- tionibus et restrictionibus particulariter et generaliter supramentionatis) In debita et competenti forma desuper dando et concedendo provt autentica Instruments desuper suscepta in manibus Alexandri Leslie notarij publici de data decimo octavo die mensis February vltimo elapsi latius proportant Preterea pro bono fideli et gratuito servitio nobis nostrisque preclarissimis progenitoribus per prefatum dominum Ioannem Broun suosque predecessores tempore preterito prestito et impenso proque diversis alijs bonis causis et considerationibus nos moventibus nos cum avisamento et consensu antedictis De novo dedimus concessimus et disposuimus et hac present! carta nostra confirmavimus tenoreque eiusdem de novo damus con- cedimus disponimus et pro nobis et successoribus nostris pro perpetuo confirmamus Prefato domino Ioanni Broun et dicte Marie Scot ipsius sponse promisse eorumque alteri diutius viventi in coniuncta infeodatione et heredibus eorum tallie et assignatis ante dictis hereditarie (sub reversionibus reversione provisionibus conditionibus et restrictionibus particulariter et generaliter supramentionatis) Totam et integram pre- dictam baroniam de Bossie ... In super nos pro causis antedictis proque diversis alijs causis et considerationibus nos moventibus ex nostra certa scientia proprioque motu authoritate regia et potestate regali cumque avisamento et consensu antedictis fecimus vnivimus annexavimus ereximus creavimus et incorporauimus tenoreque presentis carte nostra facimus vnimus annexamus erigimus creamus et incor- poramus onmes et singulas predictas terras de Eister Bossie Wester Bossie lacum de Bossies molendinum de Lumquhattis aliaque suprascripta cum decimis earundem et annuitate dictarum decimarum in vnam integram et liberam baroniam nunc et omni tempore futuro Baroniam de Bossie nuncupandam ordi- nando predictum maneriei locum de Bossie principale fore messuagium dicte baronie Ac volumus et concedimus ac pro nobis et successoribus nostris de- cernimus et ordinamus quod vnica sasina nunc per prefatum dominum Joannem Broun et dominam suam sponsam promissam perque heredes ipsorum tallie et assig- natos antedictos omni tempore futuro apud dictum maneriei locum de Bossie capienda stabit et sufficiens erit sasina pro omnibus et singulis terris baronia lacu moleudino alijsque supraspecificatis absque vlla alia speciali seu particulari sasina per dictum dominum Joannem Broun et dictam suam sponsam suosve predictos apud aliquam aliam partem seu locum huiusmodi suscipienda non obstante quod eedem simul et contigue minime iacent Penes quas sasinas cum omnibus que desuper sequi poterint nos cum avisamento et consensu antedicto dispensauimus tenoreque presentis carte nostra pro nobis et successoribus nostris dispensamus imperpetuum Tenendas et habendas omnes et singulas predictas terras de Eister Bossie Wester Bossie lacum de Bossie molendinum de Lumquhattis aliaque rexlue supramentionata et decimas earundem antedictas ac annuitatem dictarum decimarum etc. Brefato
APPENDIX. 130
domino Toanni Broun et dicte sue sponse promisse eorumque alteri diutius viventi in coniuncta infeodatione et heredibus ipsorum tallie et assignatis antedictis (sub reversionibus reversione provisionibus conditionibus et restrictionibus particulariter et generaliter supraraentionatis) de nobis et successoribus nostris in feodo hereditate et libera baronia imperpetuum . . . Eeddendo annuatim prefatus dominus Ioannes Broun et dicta sua sponsa promissa eorumque alter diutius vivens et heredes ipsorum tallie et assignati antedicti nobis et successoribus nostris et nostrorum computorum rotula- toribus factoribus et camerarijs presentibus et futuris post decessum dicti domini Jacobi Scot et proportionaliter ac pro rata post decessum ipsius conjugis predicte correspondente rati et quantitati terrarum aliorumque suprascriptarum quorum eius vitalis redditus reseruatur vt dictum est pro omnibus et singulis terris aliisque ante- dictis (exceptis predicto molendino de Lumquhattis et decimis particularium terrarum suprascriptarum cum annuitate dictarum decimarum) vnam celdram frumenti duas celdras octo bollas hordei decern bollas avenarum et viginti quatuor caupones ad terminos solutionis vsitatos et consuetos ac summam trigiuta septem librarum octo solidorum et octo denariorum vsualis monete dicti regni nostri Scotie ad duos anni terminos festa viz. Pentbecostes et Sancti Martini in hieme per equales portiones tanquam pro antiqua feudifirma divoria et augmentatione pro terris aliisque prescriptis ab antiquo solvi solita et consueta vnacum summa quiuque solidorum monete pre- dicte in augmentationem nostri rentalis dictarum terrarum pro prefato molendino de Lumquhattis terris molendinarijs eiusdem communi pastura huiusmodi prescripta cum multuris lie sucken et previlegijs earundem supra expressis feudifirmas canas et divorias solvi solitas et consuetas ut in originali infeofamento dicti molendini et aliarum supraspecificatarum contentas extendentes annuatim ad summam vndecem mercarum sex solidorum et octo denariorum monete antedicte et duodecem capones ad terminos vsitatos et consuetos nomine feudifirme necnon predicti heredes tallie prefati domini Joannis Broun et dicte sue conjugis duplicando feudifirme divorias rexiue prescriptas provt vsus est feudifirme ac etiam prefatus dominus Johannes Broun dictaque sua sponsa et heredes ipsorum tallie et assignati antedicti observando et perimplendo omnes ceteras provisiones et restrictiones (si que sint) in antiquis infeofamentis assedationibus et rentalibus terrarum molendini aliarumque predicta- rum contentis que sunt et tanquam pro expressis in hac presenti carta nostra habe- buntur tantum ac pro predictis decimis garbalibus alijsque decimis tam rectorijs quam viccarijs terrarum aliarumque suprascriptarum et annuitate dictarum deci- marum vnum denarium monete antedicte in die festo Pentecostes super solo dicta- rum terrarum nomine albefirnie si petatur Necnon solvendo ministro de Cullessie et suis successoribus curam apud dictam ecclesiam inservientibus annuatim summam viginti trium librarum tredecem solidorum et quatuor denariorum monete antedicte ad festum ad vincula Petri lie Lambes prout ipsi prius in vsu solutionis eiusdem fuerunt In cuius rei testimonium huic presenti carte nostre magnum sigillum nostrum apponi precipimus Apud Edinburgum primo die mensis Martij anno Domini millesimo sexcentesimo quadragesimo octavo et anno regni nostri vigesimo tertio.
140 APPENDIX.
Contract of Alienation between Sir John Brown of [Fordel], knight, heritable proprietor of the lands aftermentioned, with consent of Dame Mary Scott, his spouse, and Andrew Lundie of [Provostmains], whereby, in consideration of a certain sum of money having been paid, the said Sir John sells and dispones to the said Andrew Lundie, his heirs and assignees whatsoever, heritably and irredeemably, all and sundry the lands of Easter and Wester Carries, Hiltoun, etc., lying in the parish and barony of Abernethy and sheriffdom of Perth. Dated and subscribed at Edinburgh and Kossie, 19th December 1649, and 28th June 1650 respectively, and recorded 7th August 1777. The witnesses to the subscription of the said Sir John Brown and Andrew Lundie are, William Oliphant of Balgonie, James Brown, weaver in Edin- burgh, and John Muir, servitor to Alexander Douglas, W.S. ; and to that of the said Dame Mary Scott, Sir James Scott of Eossie, knight, her father, John Seaton of Lawtrick, and John Crichton, servitor to the said Sir James. — Reg. of Deeds, Mack. Office, vol. 222, p. 236.
Disposition dated at Bossie 8th July 1650, by Sir John Broune of Fordell, and Marie Scot, his spouse, of the lands of Easter and Wester Caries, in the parish of Abernethy, in favour of Andrew Lundie of Provostmains of Abernethy ; he had sasine 24th of same month. — Rossie Titles.
7th Feb. 1655. The inventarie and testament dative ad hunc effectum of the goodis, gear, and debtis of umquhile Sir John Brown of Fordell, within the parochin therof and sherefdome of Fyff, the tyme of his deceis, quhilk wes vponethe first day of September 1651 yeares, ffaithfullie made and given vp be Johne Oliphant, resident in Dysart, executour dative ad hunc effectum, surrogat to the said defunct in place of Alex- ander Ingles, procuratour-fiscall of the commissariat of Fyff for the tyme, eftir dew citatioun, etc. In swa far as the said defunct, the tym of his deceiss foirsaid, restit awan to Sir David Carmichaell of Balmedie, knicht, the sowme of thrie thousand thrie hundreth threttie-thrie puudis vj s. viij d. money Scotis, as principall, with the sowme of ijc lib. for ane yeiris annualrent therof, and ijc lib. of penaltie, contenit in ane band grantit be the said defunct as principall, and William Oliphant of Balgonie and Andro Lundie of Provestmaines of Abernethie, as cautionaris for him, of the dait the twelff and fourtein dayes of Junij 1650 yeiris, registrat in the Shereff bookis of Perth, and ane decreit of the Shereffes thairof interponed therto vpone the first day of October 1652 yearis ; in and to the quhilk band, sowmes of money, principall, annualrentis, and liquidat expenssis abone writtiu, therin contenit respective, and decreit of registratioun foirsaid, the said Sir David Carmichaell of Balmeddie, be his lettres of assignatioun subscribit with his hand of the dait the sextein day of August 1653 yeiris, for the caussis therein specefeit, made, and constitute the said Johne Oliphant his assignay, extending the said sowmes to iijmvijexxxiij lib. vj s. viij d., and for peyment and satisfactioun to the said executour of the expenssis of this present confirmatioun, in swa far as the samen will extend to be decreit of the Shereffes and Commissaris of Fyff, of the dait the etc. day of December 1654 yeiris, —
BARCLAY OF COLLAIRNY.
(County Fife.)
Azure, three Crosses patee argent.
{Illuminated MS. in the Lyon Office.}
$C0TTSfE«Gl'30H [DiNBURCM
APPENDIX. 141
In the first, the said defunct, tyme foirsaid, haid no goodis nor gear belonging to him, but the sowmes of money and fermes following addebtit to him be the persones vnderwrittin, videlicit be Sir James Scott of Bossie, jm lib. Item, be James Ballingall, tennent to the defunct, xxxiiij bollis meall, at xij lib. the boll, at Mertymes 1651 ; hide, iiijcviij lib. Item, be William Watsone in Weddersbie, iijclib. Item, be James Ballingall, if lib. Item, be Johne Dow, Alexander Burt, and William Simsone, equallie amongs thaim for tuo yeiris dewtie, jcxxv lib. x s. Item, be William Imrie in Lastrine of few dewtie, xxxiij lib. vj s. viij d. Item, be Eobert Hay in Parish, ijclxvj lib. xiij s. iiij d. Item, be Bobert Forrester in Fordell, and William Foster, tennentis, vc lib. resting of thair fermes, the cropes, and yeir of God 1649, 1650, and 1651 yeiris.
Suinma of the saidis debtis, . . ijmviijciiij lib.
This present inventarie and testament befoir writtin, togidder with the executour thairin constitute, is confirmit vpone the sevint day of ffebruar 1655 yeiris. The executour made faith de fideli inventario, and Andro Lundie of Carie is becom cautioun. — Commissar iot of St. Andrews, Testaments.
XIV. Charter to George Hay Balfour of Leyes and Randerston, of the lands and barony of Weddersbie, etc., in parish of Collessie and shire of Fife, which belonged formerly to the deceased Sir John Brown of Fordell, and afterwards to John Buist in Collessie, by apprizing against John Brown, son of the said Sir John, and charged to enter heir to him, for the sum of 14,162 merks, of date 5th Oct. 1653 ; and also belonged to Lady Anne Scot, wife of Bobert Montgomery of Skelmorlie, by apprizing against the said John Brown for 20,600 merks, 8th November 1653; and also per- tained to John Brown, brother-german of Bobert Brown of Finmonth, by apprizing against the foresaid John Brown for 7860 merks, on 31st January 1654; and also to Mr. Alexander Crawford, son of John Crawford of Crawfordland, by apprizing against Antonia Brown, daughter of the said Sir John Brown, for 30,688 merks, etc. Charter dated 12th February 1745. — Reg. Mag. Sig., Lib. xcviii. fol. 124.
21st November 1654. Action by Dame Marie Scott, relict of Sir John Brown of Fordell, knight, and Bobert Barclay of Cullerny, now her spouse, against Antonia Brown, lawful daughter of the said Sir John Brown, for payment of an annuity of 2000 merks which the pursuer had from the lands of Weddersbie, of which lands the said Antonie was heretrix. Decreet given for pursuer in defender's absence. — Sheriff Court Records of Fife.
29th January 1656. Action by James Baterson, sadler, burgess of Edinburgh, against Antonia Brown, lawful daughter and heir served to the deceased Sir John Brown of Fordell, knight, for a debt of £92 for saddlery furnished to the late Sir John. — Sheriff Court Records of Fife.
Eetour of special service of Antonia Brown, daughter and heir of the deceased
142 APPENDIX.
Sir John Brown of Fordell, knight, in the lands of the barony of Eossie, etc. Expede in the Tolbooth of the burgh of Falkland on 1st August 16(50. — Rctours, vol. xxvi.
Disposition by Dame Marie Scott, relict of umquhile Sir John Broun of Fordell, knight, heritable proprietrix of the lands and barony of Eossie, with consent of William Muir, younger of Bowallane, her future spouse, for his interest, and also with consent of Antonia Brown, only daughter procreate between her and her said deceased spouse, and with consent of Alexander Dunlope, younger, of Dunlope, eldest and lawful son of James Dunlope of that like, and future spouse of the said Antonia, and in implement of their marriage-contract, of the lands and barony of Eossie, in favour of Eobert Montgomerie of Haslehead, at Edinburgh, 6th May 1667.
yrhhrnia. H-n-wn
Charter following thereon 30th May.
[Originals iu the possession of the representative of the family of Cheape of Eossie.]
Disposition by Eobert Montgomerie of Hassilhead, with special advice and consent of James Dunlop of that Ilk, and Alexander Dunlop, his eldest lawfull son, to Mr. James Cheape, advocate, in liferent, and Hendrie Cheape, his eldest lawful son, his heirs and assignees whatsomever, heritably and irredeemably, of the lands aud barony of Eossie, as brooked and possessed by the deceased Sir James Scott of Eossie. August 27, 1668. — Originals, Ibid.
January 1, 1669. — Sasine in favour of Mr. James Cheap and his sou of the barony of Eossie, which pertained heritably to Lady Mary Scot, relict of General Sir John Brown of Fordell, knight, eldest daughter of the late Sir James Scot of Eossie, with consent of William Mure, younger, of Eowallane, now her spouse, and of Antonia, only lawful daughter procreated betwixt the said Sir John Brown and Lady Mary, and of Alexander Dunlop, younger, of that Ilk, spouse of said Antonia Brown. — Register of Sasines for Fife, etc.
MURE OF ROWALLANE.
(County Ayr.)
First and Fourth argent, on a Fess azure three Stars of the first, for Mure ; Second and Third azure, three Garbs or, for Cumming.
{Lyon Register ; illuminated MS. of Sir David Lindsay, Lyon King of Arms, 1542, where the stars are or.)
• RGUSON EDPHEUftGH
APPENDIX. 143
Ratification in favours of William Hamilton of Wishaw of Sir John Bkoun his right of the lands of Weddersbie. — Scots Acts, vii. 600. — December 23, 1669. The King's Maiestie and the Estates of Parliament of this Realme now presently convened hes Ratified, Approven, and Confirmed, and be the tenor heirof Ratifies, Approves, and Confirms the charter made and granted be the King's Maiestie, with consent therein specifeit under his Majestee's great seall, of the date at Perth the eight day of December 1650 yeers, wherby his Maiestie gave, granted, and disponed to wmquhill Sir Johne Broun of Fordell, knight and collonell, and to his airs-maill of his bodie, whilks failzeing, to his airs-maill and assignays whatsomever, heretablie and irredeemably, All and Haill the lands and Barronie of Weddersbie, comprehending the lands of Kirktoun, of Collassie Milnehill, and Pitlochie, with the rnilne thereof, milne of Pitlair alias East milne, with the milne lands, multers, sequells, and perti- nents thereof, Drumclochop and Wedderbie, Woodhead, Bowhous, and halff of the lands of Sheills (with their pertinents, as also the uther halfe of the saids lands of Sheillis), the halffe of Lurgmyre Eilsland, and fishing therof, with the common in the marish or moore of Munkismoss and Edinsmure, with the pertinents, with diverse other lands, milnes, teinds, and others united in ane haill and free Barronie called the Barronie of Weddersbie, lyand within the Shirreffdome of ffyffe ; And also the lands of Eisterfordell, with the milne thairof, Blairstrowie and Cottonis, with the tour, fortalice, maner place, houses, bigings, yeards, tofts, crofts, annexis, connexis, and haill pertinents therof whatsomever, lyand within the Shirreffdome of Perth ; And siclyke his Majestie, with consent thereinspecifeit, for the soume of ffour thousand merks money of this Realme, payed be the said wmquhill Sir Johne Broun to his Majestie, and als for the honourable, faithfull, and thankfull service done by him to his Majestie and this Realme in the late warrs, and in the service and work against the late Vsurper, changed and altered the holding of the haill lands and others particularly abovewrittin, holden formerlie be service of waird and releiff of his Majestie, into ane frie blensh holding for the yeerlie payment of ane pair of gilt spurs in all tyme therafter : And his Majestie of new gave, granted, and disponed, with consent forsaid to the said wmquhill Sir Johne Broun and his forsaids, the haill lands and others particularly abovewritten, with the remanent lands, milns, teinds, and others conteined in the said charter, with all right, tytle, entres, clame of right, proppertie, and possession, whilk his Majestie, his predecessors or successours, had or could pretend therto, or to any parte therof, or to the maills, ferms, proffeits, and dewties of the samen, be reason of waird releiff nonentries, or be or throw any maner of way whatsumever : And his Majestie faithfullie promittit in verbo Principis to cause Ratifie the samen charter, with the precept and instrument of Sasine following therupon, in his Majesties next ensueing Parliament, after his majoritie and perfyte age of tuentie-one yeers compleit : And the forsaid charter and confirmation therof to be done of Majesties certane knowledge and mature deliberatione ; Together with the precept and instrument of sasine following therupon : Together with the severall rightsand dispositions their of made be James Arnot of Fairnie, Sir Robert Montgomerie of Skelmorlie, John Broun in Kirkaldie, and diverse other Creditors to the said
144 APPENDIX.
umquhill Sir Johne Broun and apprisers of the samen ; To and in favours of William Hamiltoun of Wishaw, writter in Edinburglie, and of his airs and assignays therin mentioned, with the procuratorie of resignation thairin contained, charters, precepts, and instruments of sasine following therupon, with all other rights, tytles, and securities whatsomever, any wayes made, granted, and conceaved in favours of the said William Hamiltoun and his forsaids, theranent of whatsumever nature, date, tenor, or contents the samen be of; In all and sindrie the heids, articles, clauses, provisions, and conditions respective thairof in all points, after the respective formes and tenors of the samen : And his Majestie and his saids Estate of Parliament Doe heirby Declare, Decerne, and Ordain that this present Ratification is and shall be als valeid, effectuall, and sufficient to all intents and purposes, to the said William Hamiltoun and his forsaids, for their brookeing and joyseing of the lands, Barronie, teinds, and others respective above written, useing and disponeing therupon, as if the saids haill charters, rights, and infeftments thereof, particularly and generally above written, heirby ratified, wer all hereintill verbatim insert, and whilk his Majestie and the saids Estates of Parliament holds as ane parte therof, and as herein insert brevitatis causa : Wheranent, and with all defects and imperfections whatsomever, and with all that may or can any wayes be objected or alledged against the validitie and legalitie of this present generall Ratification, and of the writts, rights, charters, and infeftments particularly and generally above written, heirby ratified, His Majestie and the saids Estates of Parliament have dispensed and heirby dispenses for ever.
There was a great deal of litigation in consequence of the sequestration of Sir John's estate, and the involved state of his affairs. In the Reports are : — ■
1684, Feb. 27. — Dunlop against Lundie. In the action of reduction pursued by Dunlop younger and his lady Antonia Brown, of a discharge granted to Andrew Lundie by the said Dunlop of his omissions as tutor to the said Antonia ; the Lords found that Wishaw having comprised from John Brown as lawfully charged to enter heir to Sir John Brown his father, for payment of a debt due by the said Sir John had good interest to allege that Lundie's comprising was extinct by omissions as tutor to John Brown ; and that by the decreet obtained against John as lawfully charged to enter heir to Sir John, the debt became John's debt, and he became personally liable therefor, and so Wishaw might propone compensation upon the omissions which were due by the tutor to the pupil. But the Lords found that Wishaw having comprised or adjudged from Antonia Brown as heir to her father Sir John (after the death of the said John, her brother), and she having reduced the service upon minority and lesion, whereby the comprising was of the nature of adjudications upon a decreet cognitionis causa — wherefore Wishaw could not com- pense the sums contained in the tutor's comprising by the tutor's omissions, during the time of Antonia's tutory, in regard they found the privilege of making the tutor liable for these omissions was personal to the pupil and to her assignees, and so sustained the discharge granted by Dunlop of the said omissions, and found that the adjudgers could not quarrel the same.
GUTHRIE OF HAWKERTOUN.
(County Kincardine.)
First and Fourth or, a Lion rampant regardant gules armed and langued azure, for Guthrie ; Second and Third azure, three Garbs or, for dimming.
{Lyon Register.)
SCOT* S ri:RCUSOtl EDINBURGH
APPENDIX. 145
1684, Jan. — Wishaw agaiust Andrew Lundie. Andrew Lundie, tutor and creditor to Sir John Brown's children, having comprised his pupils' lands, the prior apprizers of that estate raised a declarator of extinction of Lundie's apprizing, upon this ground that the apprizing was led, and the debt apprized for acquired durante tutela ; and consequently presumed to have been acquired by the pupil's money, till the contrary appear by the tutor's counting for intromissions aud omissions.
Answered for Lundie, that his omissions are discharged by Dunlop, younger, the husband of Antonia, the apparent heir, to whom they belonged jure mariti ; secondly, a tutor's obligement for omissions and accumulations of annualrents are personal to the pupil, and not communicable to the father's creditors by diligence ; especially in this case where the pupil has renounced to be heir to her father ; Thirdly, Esto she had not renounced, yet a tutor's personal obligement ex quasi, contracted with the heir, cannot fall under the diligence of the defunct's creditors affecting the hcereditatem jacentem, seeing it was never in bonis of the defunct, but resulted after his decease to the pupil as creditor.
Beply — rights in person of debtor, transmissible to heirs ; John did not renounce ; Antonia, although she did, must purge all deeds done by herself or husband to the prejudice of the tutor. There was also an incident reduction upon minority, and lesion, at the Dunlops' instance, of a oontract between them and Wishaw. The Lords recommended the parties to agree.
1684, March. — In case, Wishaw against the children of Andrew Lundie, the Lords found that the tutor, having been in possession after his apprizing, must hold count for the rents, and be liable for ought and should as other comprisers.
1687, June. — Another case as to Lundie as cautioner for Sir John to John Oliphant.
Lyon Register of Genealogies, 16th January 1778. — John Guthrie of Haukerton married Jean, daughter of John Brown of Fordel, and had a son, Henry of Haukerton, who left descendants.
Pedigree of Lady Scott of Bossie, chiefly from the funeral entry made on the death of Sir Francis Willoughby in the office of Ulster King of Arms, Dublin.
Sir Francis Willoughby, born at Beauchamp's Court in Worcestershire, de- scended from the Lords Willoughby of Belouersby, died 19th February 1658, aged eighty-four. He married first a Dutchwoman, and had Francis. Antonela married Sir James Scott of Bossie, a Colonel in Germany ; she died 18th May 1663. Sir Francis married, secondly, Mary, daughter of Sir Francis Slingsby, a member of the Eoyal Council of Munster, a younger son of Slingsby of Bedhouse in Yorkshire, and had a son, Charles. His third wife was Elizabeth, daughter of Bandolph Barlow, Arch- bishop of Tuam, 1629-38. The books of funeral escutcheons in the Lyon Office make Lady Scott daughter of the second marriage, but they are all of a considerably later date, and the entry made at the time Sir Francis Willoughly died is more likely to be correct.
T
146 APPENDIX.
Majoe-Geneeal Beown— A Mistake corkected.
In the will of John Kirkpatrick, who died October 1646, second son of Thomas of Closeburn, is the following passage : — " And as touching the inventrie goods, silver- work, and uthir vessels within the place of Closeburne, the samen were by Eobert Douglas of Tilliquhillie, Lieutenant-Colonel to Sir John Brown of Fordell, Knt., and Lieutenant Vanss, with others, their complices, at the direction and by warrand of the said Bobert Douglas, plundered and taken away what was any ways transport- able." This Sir John Brown was the rebellious governor of Carlisle, and the same who routed the Lord Digby on Carlisle Sands. — Play fair's Baronage.
Carlyle, in his Oliver Cromwell's Letters and Speeches, mentions, in April 1645 : " Major -General Browne commands at Abingdon ; a city wood-merchant once ; a zealous soldier of Presbyterian principles at present."
Again, in June 1651, when alluding to the battle of Inverkeithing, "Sir John Browne, their Major- General, was once a zealous Parliamenteer ; Governor of Abingdon, and much else ; but the King gained him, growls Ludlow, by the gift of a pair of silk stockings — poor wretch." The historian has here fallen into a singular error.
Sir John Brown of Fordell, co. Perth, representative of an old Scottish family, was a different person, and had a very different career from the London wood- merchant. The lands of Fordell were granted in 1493 by George, Bishop of Dunkeld, to his brother Bichard, with whose descendants they remained till their sequestration and sale, after the death of Sir John.
The alliances of the family were with Arnot of Balbarton, a co-heiress ; Scott of Balwearie, Shaw of Sauchie, Gaw of Maw, Spens of Condie, Boswell of Balmuto, Grseme of Inchbrakie, Murray of Byn, Erskine of Innertiel, Lundin of Conland, Adamson of Craigcrook, Oliphant of Gask, Guthrie of Hawkertoun, etc.
The Bishop of Dunkeld, of whom a Life, written by Alexander Myln, Abbot of Cambuskenneth, was printed for the Bannatyne Club, was descended from the Browns of Midmar in Aberdeenshire, the first of whom, John, was younger brother of Eichard Brown, who was executed at Perth, August 1320, for participation in the conspiracy of Lord Soulis and the Countess of Strathearn. They were sons of Sir John Brown of Gillandriston, Carchrony, Terpersie, etc., Sheriff of county Aberdeen, 1328, and Thane of Formartin, grandson of Adam Brown who fell at the battle of Falkirk, 1298.
John Brown, fourth of Fordell, married, first, Catherine, daughter of Mr. John Lindsay of Memmuir and Balcarres, Secretary of State, Senator of the College of Justice, Lord Privy Seal, and Ambassador to France, 1597, sister of the first Lord Balcarres, and widow of Sir John Lindsay of Ballinscho, Woodwrae, and Woodhead, who died 1609, and was younger son of David, Earl of Crawford. The General was the eldest son of this marriage, and on the death of his father, in 1631, succeeded, while a minor, to an estate so burdened with a jointure to his stepmother, and a large provi-
APPENDIX. 147
sion for her son William, who died s.p., and other encumbrances, that his nearest rela- tions entered into an agreement to help to provide for his maintenance and education. He became a military officer at an early age, and rose to be Major-General, serving with distinction. He was knighted by Charles I. at Edinburgh, 6th Nov. 1641, when General Leslie was created Earl of Leven. He had been taken prisoner in April 1640 at Tynemouth, driven in by a storm in a damaged vessel, and was detained at New- castle and York for some time. Defeated Montrose, near Dumfries, in July 1644, and in Nov. 1645 repulsed Lord Digby at Carlisle Sands, for which Parliament voted him a gold chain of the value of 2000 merks. He sat in Parliament for his native county, and was a member of the Committee of Estates. Sir John was with the Scottish army, under General Holburne, which was defeated near Inverkeithing, 20th July 1651, was wounded, and taken prisoner, and died of fever at Leith 1st September.
XL Omnibus hanc chartam visuris vel audituris Georgius comes de Huntlie dominusGordoun et Badzenoch, etc. ac commend atarius perpetuus Monasterii de Dun- fermling et eiusdem loci conventus ordinis divi Benedicti Sanctiandree diocesis ac superioris terrarurn subscriptarum salutem in Domino sempiternam : Noveritis nos unauimi consensu et assensu ad hoc capitulariter congregates, Dedisse concessisse assedasse arrendasse locasse et ad feudifirmam seu emphiteosim hereditarie dimisisse et hac presenti charta nostra confirmasse Necnon dare concedere assedare arrendare locare et ad feudifirmam seu emphiteosim hereditarie dimittere et hac presenti charta nostra confirmare dilecto nostro Davidi Broun filio legitimo secundo genito honor - abilis viri Joannis Broun de Fordell heredibus suis et assignatis Omnes et singulas terras nostras de Eynmonth cum manerio eiusdem hortis toftis croftis lie outsettis annexis connexis pasturis partibus pendiculis et singulis suis pertinentiis jacentes in parochia de Kinglassie regalitate nostra de Dunfermling et infra vicecomitatum de Fiffe : Quequidern terre de Fynmonth cum singulis suis pertinentiis ad prefatum Joannem Broun de Fordell perprius de nobis in feudifirma immediate tente heredi- tarie pertinuerunt, et per ipsum Joannem cum consensu et assensu Katherine Boiswell, eius sponse domine coniuncte infeodate dictarum terrarurn et cum consensu Joannis Broun filii et heredis apparentis dicti domini de Fordell pro suo interesse propter perimpletionem et observationem eorundem partis cuiusdam contractus matrimonialis initi et confecti inter dictum Joannem Broun de Fordell eiusque sponsam et dictum Davidem Broun eorundem filium cum consensu dicti Joannis Broun junioris ab una, et Allanum Cowttis seniorem de Grange, Issobellam Boith- well eius coniugern et Bessetam Cowttis eorum filiam ab altera partibus de data ultimo die mensis Februarii anno Domini millesimo quingentesimo octuagesimo septimo, In manibus nostris tanquam in manibus domini sui superioris eorundem per suos speciales procuratores ad effectum infrascriptum specialiter constituos apud per fustim et baculum resignate fuerunt In favorem dicti Davidis Broun heredum suorum et assignatorum pro nova charta et infeofamento eijs desuper dando tradendo conferendo et conficiendo Beservato tamen libero tenemento seu vitali redditu occidentalis dimidietatis sen lateris dicte ville et terrarurn de Fyn-
148 APPENDIX.
month cum siugulis suis pertinentiis prefato Joanni Broun et Katherine Boisuell ac eorum alteri diutius viventi pro omnibus eorum vite diebus, prout in documentis desuper levatis plenius continetur : Tenendas et habendas omnes et singulas prefatas terras nostras de Fynmonth cum toftis croftis lie outsettis cottagijs pasturis annexis connexis et pertinentiis prenominato Davidi Broun heredibus suis et assignatis de nobis et successoribus nostris abbatibus seu commendatarijs et conventibus dicti nostri monasterii in feudifirma seu emphiteosi imperpetuum, per omnes rectas metas suas antiquas et diuisas prout jacent, etc. . . . Beddendo inde annuatim dictus David Broun heredes sui et assignati prescripti nobis et successoribus nostris ablatibus seu commendatarijs dicti nostri monasterij nostrisue camerarijs aut conventibus dicti nostri monasterij pro tempore existentibus, summam viginti quatuor mercarum usualis monete regni Scotie ad duos anni terminos consuetos festa videlicet Benthe- costis et Sancti Martini in hyeme per equales medias portiones nomine feudifirme, unacum duplicatione feodifirme in introitum cuiuslibet heredis ad predictas terras cum pertinentiis Necnon tres sectas ad tria nostra placita capitalia de Dunfermling, unacum alijs divorijs et servicijs in nostro rentali contentis debitis et consuetis tantum Neenon cum astrictione multure molendino nostro de Gaitmylk perti- nentis Et si contigerit dictum Davidem Broun heredes suos et assignatos prescriptos edificare seu construere molendina aliqua granorum in predictis terris de Fynmonth vel ad aliud molendinum quam ad nostrum de Gaitmylk cum suis granis bladis fru- mento procedere in fraudem et dampnum dicti nostri molendini et multure eiusdem, eo in casu volumus quod predictus David heredes sui et assignati prescripti per- solvent firmario dicti nostri molendini de Gaitmylk plenarie et integre tantam multuram quantam predicte terre de Fynmonth aut consimiles terre in parrochia de Kinglasse nunc pro multura dant aut persolvunt aut prius persolverunt sine impedi- mento. Insuper non licebit dicto Davidi Broun heredibus suis et assignatis pre- scriptis alienare dictas terras de Fynmonth aut aliquani partem earundem sine nostra speciali licentia petita et obtenta. Et si contigerit ipsos deficere in solutione canonis per tres terminos successive continuos, ipso facto cadent a suo jure. Necnon volumus et ordinamus quod dictus David heredes sui et assignati prescripti edificant et sustentant super prefatis terris de Fynmonth imam sufficientem mansionem cum aula coquina camera horreo boscari columbario et alijs politiis necessary's secundum formam et tenorem antiqui infeofamenti dictarum terrarum prius de nobis et succes- soribus nostris obtentis Et nos vero dictus commendatarius et conventus dicti nostri monasterij omnes et singulas prefatas terras de Fynmonth cum toftis croftis lie out- settis cottagijs pasturis annexis connexis et pertinentiis predicto Davidi Broun heredibus suis et assignatis prescriptis (Beservando prius reservato) in omnibus et per omnia forma pariter et effectu ut premissum est contra omnes mortales warran- tizabimus aequietabimus et imperpetuum defendemus. Insuper dilectis nostris magistro Davidi Aytoun nostro camerario Johanni et Wilelmo Walwoddis portionarijs de Touch et eorum cuilibet coniunctim et divisim ballivis nostris in hac parte specialiter constitutis, salutem : vobis stricte precipimus et firmiter mandamus quatenus visis presentibus indilate statum sasinam hereditariam pariter et possessionem
APPENDIX. 149
corporalem actualem et realem totarum et integraruin prefatarum terrarum de Fynmonth cum toftis croftis lie outsettis cottagijs pasturis annexis connexis et per- tinentiis memorato Davidi Broun vel suo certo actornato latori presentium secundum vim formam tenorem et continentiam antiqui infeofamenti dictarum terrarum et antescripte charte nostre juste et hereditarie tradatis deliberetis et haberi faciatis et hoc nullo modo omittatis. Ad quod faciendum vobis et vestrum cuilibet coniunctim et divisim ballivis nostris in hac parte antedictis nostram plenariam et irrevocabilem tenore presentium committimus potestatem In cuius rei testimonium huic presenti charte nostre preceptum sasine in se continenti manibus nostris subscripte sigillum commune capituli dicti nostri monasterii est appensum Apud idem nostrum monas- terium undecimo die mensis Aprilis anno Domini millesimo quingentesimo octua- gesimo octavo.
Huntlye, Comendateur of Dumfermeling.
Dene Jhonne Angus ad idem. Alexander Aitkin ad idem. Thomas Jamesone ad idem. Andreas Gray ad idem. Willelmus Symth ad idem. Alexander Stevine ad idem. William Lummisdene ad idem.
[Dorso].— Edinr the 15 Martii 1656. — Producit be M1 Alexander Makgill, and ane minut takine and recordit in the books of Exchequer, conforme to the Act theranent.
Ane lettre of tak, maid with consent of the Quenis Majestie, our Soverane lordis derrest spous, settand and in tak and assedatioun for the maill and dewtie underwrittin, lettand to David Browne, sone lawchfull to Johne Browne of Fordell, his airis and assignayis quhatsumever, all and sindrie the teyndschavis of the landis of Fynmonth, with toftis, croftis, etc., lyand in the schirefdome of Fyffe, pertening to our Soverane lord and the Quenis Majestie, his derrest spows, as ane pairt of thair propirtie and patrimonie of the lordschip of Dunfermeling, for all the days, yeris, etc., of nyntene yeris nixt and immediatelie following the said Davidis entrie therto, quliilk salbe and begyn the day of the dait heirof and fra thyne furth to indure, and to be peacabillie brukit, joisit, teindit, led, collected, etc., be the said David, his airs, etc. Gevand thairfor yeirlie, the said David, his airis and assignais forsaidis, to our said soverane lord and his said derrest spows, the Quenis Majestie . . . the sowme of sextene merkis usuall money of this realme, at the feist of Beltane yeirlie, in ane haill sowme of maill allanerlie, conforme to the takkis set of auld to the said David and his predicessouris of the samen. At Haliruidhous the tent day of December, the yeir of God foirsaid (] 591). Per signaturam. — Reg. Sec. Sig., Lib. lxiii. fol. 41.
Eatification by William Ker alms Kirkcaldie of Grange, brother-german to Andro Ker of Phernyhirst : Understanding that the lands of Fynmonth, in the
150 APPENDIX.
regality of Dunferraeling and shire of Fyff, which belonged to the late Sir William Kirkcaldie of Grange, knight, guidschir to the said William Ker, were duly apprized from the said Sir William at the instance of John Brown of Fordell, and Katherin Bosuel, his spouse, for £2000, who were infeft therein by the Abbot and Convent of Dunfermline, superiors thereof; and that the said Sir William had engaged to the said John and Katherin that the said lands should not be redeemable from them, but in their perpetual possession ; and that thereafter the said John and his spouse dis- poned the said lands to David Brown, their second son, who now stands infeft therein : Therefore, and for certain sums of money, the said William Ker ratines the apprizing, infeftment, etc., and renounces all right to the said lands, and binds himself to deliver up to the said David all the ancient charters and writs relating thereto. At Kirkcaldie, 20 April 1595: witnesses, John Bosuell of Baglyssie ; George, son of Mr. Andro Boswell of the Westmill of Kirkcaldie, etc. — Reg. of Deeds, vol. liii., 2 March 1596.
Ratification to the same effect by Andro Ker of Phairnyhirst, in favour of the said David Brown of Fynmont. At St. Andrews, 24 September 1595 : witnesses, John Forrett of Feingass, David Boswell, George Ker, apparent of Cavers, etc. — Ibid.
Ane Letter maid now efter the annexatioun of the kirk landis of this realme to the Croun, quhairof his Maiestie and his successouris ar constitute superiouris, with auise of his hienes commissioneris and Lordis of Chekker, to his louit, Dauid Broun of Fynmonth, his airis and assignayis, ane or ma, of the gift of the waird, nonentres, maillis, fermis, promtis, and dewteis of all and sindrie the landis of Craignathrais, with houssis, biggingis, yairdis, annexis, connexis, pairtis, pendiclis, and all thair pertinentis liand within the scherefdome of Forfar, quhilkis wer halden befoir the said act of annexatioun of the kirk landis of this realme to the croun, of the Abbot and convent of the Abbacie of Jedburgh, and place and sell of Eestenneth ; and ar now haldin be virtew of the said annexatioun of oure said soverane Lord, and als of all and sindrie the landis of Fordell callit Ester Fordell, with the milnis thairof, Blastrowie and Cottounes, with the toure, fortalice, maner place, annexis, connexis, pairtis, pendiclis, and thair pertinentis liand within the baronie of Dunkeld and scherefdome of Perth, quhilkis wer haldin befoir the said annexatioune of the kirk- landis of this realme to the croune, of the Bishoprik of Dunkeld, and ar now haldin be vertew of the said annexatioun of oure said soverane Lord, and that of all yeiris and termis bipast that the samyne hes bene in oure said soverane Lordis handis or in his hienes predicessouris handis, as superiouris thairof, be resoun of waird and non- entres, or atther of thame sen the deceis of umquhile Johnne Broune, younger of Fordell, or onie utheris his predicessouris, last lauchfull immediat tennentis to our said souerane Lord and his predicessouris of the samyne, and siclike of all yeiris and termis to cum that the samyne salhappin to be in his hienes or his successouris handis, ay and quhill the lauchfull entrie of the richtwus air or airis thairto, being of lauchfull aige, with the releve thairof quhen it salhappin, togither with the mariage
APPENDIX. 151
of Johnne Broun, sone and apperand air of the said vmquhile Johnne, and failying of him be deceis unmareit, the mariage of onie uther air or airis, male or female, that salhappin to succeede to him in the said landis, with all proffitis of the said mariage, with power to the said David Broun, his airis and assignais foirsaidis, to intromet with and uptak all and sindrie the maillis, fermis, caynis, custumes, casualiteis, pro- ffites, and dewteis of all and sindrie the foirsaidis Landis, with the pertinentis, during the space foirsaid, with the said releve quhen it salhappin, and to dispone thairupoun and vpoun the said mariage, with all proffites thairof, at thair plesure, and to occupy the foirsaidis landis with thair awin guidis, or to set the same to tennentis as thai sail think expedient during the said space ; and siclike to dispone upoun the said mariage, and proffites thairof at thair plesure, with court, plaint, herezeld, bludiwete, and merchite, unlawis, amerchiamentis, and escheitis of the saidis courtis, and with all and sindrie, utheris commoditeis, fredomis, etc., ffrelie, quietlie, etc., but onie reuocatioun, etc. At Haliruidhous, the tuelff day of Januar, the yeir of God Jmvc fourscore sextene yeiris. viij0 merkis. Per signaturam. — Reg. Sec. Sig., Lib. lxix. fol. 22.
Back Bond by David Brown of Fynmonth, as principal, Alexander Lundie of Conland and Patrik Grahame of Inchbrekie, as cautioners, showing, that whereas the said David had obtained the gift, under the Privy Seal, of ward and non-entry duties of the whole estate of the late John Brown, younger of Fordell, his brother, with the marriage of John Brown, son and apparent heir of the said deceased John, the said David binds himself to restore the whole profits of the said ward, relief, non- entry, and marriage to the said John Brown on his reaching the age of twenty-one, taking credit, however, for the sum of 800 merks paid by the said David by way of composition for the said gift. In the event of the death of the said John Brown in minority, the lands, etc., are to go to Elspet Brown, his sister-german, but the ward, etc., to belong to the said David till it is expired, he granting to the said Elspet a disposition of her own marriage. At Edinburgh, 12 January 1596-7. — Ibid. vol. lvi., 22 Feb. 1596-7.
26 February 1596, Tutela. — Haec Inquisitio facta fuit apud burgum de Perth et in pretorio ejusdem vigesimo sexto die mensis February anno Diii jmvc nona- gesimo sexto coram honorabili viro Olivero Peiblis de Chapelhill vicecomite depu- tato nobilis et potentis Domini Joannis Comitis de Gowrie Dni Ruthven et Dirletoun Vicecomitis principalis dicti vicecomitatus per hos subscriptos viros Laurentium Merser de Mekilhour, Willielmum Moncreiff de Eodem, Joannem Boss de Cragie, Colinum Eviott de Balhousie, Magistrum Alexandrum Bruce feoditarium de Copma- lundie, Willielmum Oliphant de Gesk, Magistrum Henricum Merser de Kynnerd, Robertum Stewart de Haltoun de Loncardie, Joannem Boswell de Baglessie, Davidem Murray de Little Benachie, Laurentium Oliphant de Williamstoun, Davidem Montcreiff feoditarium de Tibbermalloc, Hugonem Moncreiff in Kyntullo, Oliverum Young burgensem de Perth, et Thomam Moir in Aberargie, qui jurati dicunt quod
152 APPENDIX.
David Broun de Fynmonth est propinquior agnatus id est consanguineus ex parte patris Elizabethis Broun filie legitime quondam Joannis Broun apparentis de Fordell, et quod ille excessit etatem viginti quinque annorum Et quod est sue rei providus et potens et idoneus de administratioue rei aliene Et quod non est immediate succes- surus ipse Elizabethe si ipsam Elizabeth am in fata decedere contigerit quia habet fratrem viventem Et in genere quod ipsa Elizabetha apud dictum Davidem Broun ad ipsius legitimam et perfectam etatem possit et debet educari Et quod dictus David est legittimus tutor ipse Elizabethe per cautionem inventam secundum tenorem acti Parliamenti super tutela confecti In cujus rei testimonium sigilla quorundum qui dicte inquisitioni intererant presentibus apponuntur Et hoc breve incluso clausisque sub signeto officii dicti vicecomitis loco die mense et anno suprascriptis. — Laurentii Merser de Mekilhour, Willielmi Moncreiff de Eodem, Joannis Boss de Cragie, Collini Eviott de Balhousie, Magistri Alexandri Bruce de Copmalundie, Willielmi Oliphant de Gask, Magistri Henrici Merser de Kynnard, Boberti Stewart de Haltoun, Joannis Boswell de Baglesie. Apud Edinburgh, vicesimo nono Marcij 1597.
Precept for Confirmation of charter by Mr. Bobert Wilkie, Prior of the Island of St. Servanus in Lochleven, to David Broun of Fynmouth, and Elizabeth Couttis, his spouse, of the lands of Boyallye, on the south side of the water of Levin, in the barony of Kirkness and shire of Fife, 23 June 1599. — Reg. of Privy Seal.
Carta Confirmations Davidis Broun de Fynmonth et sue Sponse.
Jacobus Dei gratia Bex Scotorum Omnibus probis hominibus totius terre sue clericis et laicis salutem Sciatis nos quandam cartarn dispositionis, etc. . . . de mandato nostro visam lectam inspectam et diligenter examinatam sanam integram non rasam non cancellatam nee in aliqua sui parte suspectam ad plenum intellexisse sub hac forma Omnibus hanc cartam visuris vel audituris Magister Bobertus Wilkie prior insule Sancti Servani infra lacum de Levyn ac magister principalis collegii divi Leonardi prope civitatem Sanctiandree situati ceterique magistri regentes et alia membra eiusdem collegii quibus dicta insula per supremum domiuum nostrum regem cum avisamento dominorum secreti consilii est imperpetuum annexata ac successores quondam venerabilis viri Magistri Joannis Winrahame ultimi prioris eiusdem prioratus superioresque terrarum subscriptarum noveritis nos dedisse con- cessisse et hac presenti carta nostra confirmasse necnon dare concedere et hac presenti carta nostra confirmare Bredilecto nostro Davidi Broun de Fynmonth et Elizabethe Cowtis sue sponse eorumque alteri diucius viuenti in coniuncta infeo- datione et heredibus inter ipsos legitime procreatis seu procreandis Quibis deficienti- bus legitimis et propinquioribus heredibus et assignatis dicti Davidis quibuscumque hereditarie omnes et singulas illas terras et villain vocatas Boallie ex parte australi aque de Levin cum omnibus earundem partibus pendiculis et pertinentiis jacentes in baronia de Kirknes infra vicecomitatum de Fyiff Quequidem terre cum pertinentiis perprius prefato Davidi hereditarie in feudifirma pertinuerunt de nobis immediate tente et quas ipse in manibus nostris tanquam in manibus dominorum superiorum
APPENDIX 153
earundeni personaliter Apud [sic] sursuni reddidit pureque et simpliciter per
fustim et baculuni resignavit ac totum ius et clameum proprietatem et possessionem que sen quas in et ad easdern habuit habet seu quovismodo habere vel clamare poterit pro hac nostra noua carta et infeodatione sibi ac dicte Elizabethe sue sponse eorumque alteri diutius viventi in coniuncta infeodatione ac eorum heredibus et assignatis predictis Et hoc in plenam contentationem et satisfactionem pro omnibus tertia seu tertia parte que dicta Elizabetha sponsa dicti Davidis habere poterit in iure sibi succedere poterit de quibuscunque alijs dicti Davidis terris hereditatibus seu possessionibus ratione decessus dicti Davidis si ante ipsum decedere contigerit desuper in debita forma danda et conficienda Insuper nos pro diversis magnis respectibus et bonis considerationibus nos mouentibus de novo ex certa scientia et proprio motu dedimus concessimus et disposuimus tenoreque presentium damns con- cedimus et dispouimus prefatis Davidi et Elizabetha sue spouse eorumque alteri diutius viventi in coniuncta infeodatione ac eorum heredibus et assignatis predictis totas et integras predictas terras et villam vocatas Eoallie cum domibus edificijs hortis toftis croftis lie outsettis partibus pendiculis annexis connexis dependentijs et omnibus suis pertinentiis unacum omnibus iure titulo interesse jurisclameo tarn petitorio quam possessorio que seu quas nos nostri predecessores aut successores in et ad easdem seu ad aliquam earundem partem vel ad census Armas proficua et devorias earundem de quibuscunque annis seu terminis preteritis habuimus, etc. . . . Tenendas et habendas totas et integras predictas terras et villam vocatas Eoyallie cum domibus edificiis hortis toftis croftis lie outsettis partibus pendiculis annexis connexis dependentijs et omnibus suis pertinentijs prefatis Davidi et Elizabethe sue sponse eorumque alteri diutius viuenti in coniuncta infeodatione ac eorum heredibus et assignatis predictis de nobis et successoribus nostris in feudifirma seu emphiteosi et hereditate imperpetuum per omnes rectas metas suas antiquas et diuisas provt jacent in longitudine et latitudine bondatas vt sequitur in wulgari begynnand at the water of Levyn and thairfra southward ane stripe that rynnis betuix the Walker- toun and the Eoyallie to the merche of Gaitmilk callit the Bladisleit, and west therfra as the strype rynnis to the merche of Fynmonth, and therfra west as the strype rynnis betuix Fynmonth and Eoyallie to the eist end of the cottermoss of Auchtmwre, and north thairfra as the merche dyke gangis doun the west syde of the Eoyallie know till ane syk, and eist as the syk gangis till the Cadgeargait, and north as strype rynnis in Levyn In domibus edificijs etc. . . . Eeddendo inde anuuatim dicti Dauid et Elizabeth sua sponsa eorumque heredes et assignati prescripti nobis et successoribus nostris summam viginti solidorum vsualis mouete regni Scotie ad duos anni terminos consuetos festa viz. Penthecostes et Sancti Mertini in hieme per equales portiones ac tres sectas curie ad tria placita capitalia Apud Kirknes vel Admure annuatim tenenda cum areagijs pro dictis terris pro rata solitis et consuetis nobis et successoribus nostris prestandis ac duplicando dictam feudifirmam viginti solidorum in primo introitu cuiuslibet heredis hereditario iure ad dictas terras succedentis nomine feudifirme et relevij tantum pro omni alio onere exactione questione demanda seu seruicio seculari que de predictis terris de Eoyallie cum per- il
154 APPENDIX.
tinentijs per quoscumque iuste exigi poterint quomodolibet vel requiri Licebit etiam nobis et successoribus nostris per nostrum officiarium proprijs manibus namare et distringere pro canone et aliis devoriis superius mentionatis absque consensu dicti Dauidis sue sponse suorumque heredum et factorum impedimento quocunque si auteru predicti feudifirmarij aut heredes sui prescripti deficerint in solutione dicti canonis in terminis superius nominatis Sic quod duo termini transeant in tertium dictum canonem in toto vel in parte minime solutum seu etiam deficerint in aliquo premissorum tunc et eo in casu presens infeofamentum erit eis nullius valoris aut momenti Sic quod licebit nobis de eisdem terris disponere ad nostrum arbitrium ac si presens infeodatio de eisdem minime facta fuisset absque quocunque strepitu judiciali et absque predictorum feudifirmariorum et heredum suorurn contradictione aliquali Et nos vero et successores nostri totas et integras predictas terras et villain vocatas Koyallie cum domibus editions hortis toitis croftis lie outsettis partibus pendiculis annexis connexis dependentijs et omnibus suis pertinentijs prefatis Dauidi et Elizabethe sue sponse eorumque alteri diutius viventi in coniuncta infeo- datione suisque heredibus et assignatis prescriptis In omnibus et per omnia forma pariter et effectu vt premissum est contra omnes mortales warrantizabimus acquieta- bimus et imperpetuum defendemus Insuper dilectis nostris Georgio Aitoun de Inche- darny et eorum cuilibet coniunctim et divisim ballivis nostris in hac parte specialiter constitutis salutem vobis precipimus et mandamus quatinus visis presentibus indilate Statum sasinam hereditariam pariter et possessionem corporalem actualem et realem totarum et integrarum predictarum terrarum et ville vocatarum Boyallie cum domi- bus edinciis hortis toftis croftis lie outsettis partibus pendiculis annexis connexis dependentijs et omnibus suis pertinentijs prefatis Davidi Broun de Fynmonth et Elizabethe Cowttis sue sponse eorumque alteri diutius viuenti in coniuncta infeoda- tione vel eorum certis actornatis latoribus seu latori presentium Secundem tenorem antescripte carte nostre juste deliberetis et haberi faciatis Et hoc nullo modo omit- tatis Ad quod faciendum vobis et vestrum cuilibet coniunctim et divisim nostram plenariam liberam et irreuocabilem presentium tenore committimus potestatem In cuius rei testimonium (scriptis in officina scriptoria Adami Lawtie scribe infra Edinburgum per Davidem Andersone suum servitorem) Sigillum commune capituli nostri unacum nostris subscriptionibus manualibus presentibus est appensum Apud Sanctum Andream decimo quarto die mensis Junij anno Domini millesimo quin- gentesimo nonagesimo nono coram his testibus Magistro Jacobo Wilkie, Alexandra Haitlie, Gullielmo Nisbet, studentibus dicte nostri collegij, et Magistro Thoma Scott civi dicti ciuitatis Sanctiandree, et Georgio Broun seruitore dicti Davidis Broun de Fynmonth, cum diversis alijs. Quamquidem cartam et dispositionem in eadem con- tentam in omnibus suis punctis et articulis conditionibus et modis ac circumstantijs suis quibuscunque in omnibus et per omnia forma pariter et effectu ut premissum est approbamus ratificamus ac pro nobis et successoribus nostris pro perpetuo con- firmamus Salvis et Beservatis nobis et successoribus nostris feudifirme firmis juribus et servitijs et devorijs nobis et predecessoribus nostris de predictis terris cum pertinen- tijs perprius debitis et consuetis ante presentem nostram confirmationem Insuper
APPENDIX. 155
volumus et concedirnus ac pro nobis et successoribus nostris pro perpetuo decernimus et ordinamus quod hec presens nostra confirmatio tanti erit valoris roboris efficacie et effectus prefatis Davidi et Elizabethe sue sponse eorumque heredibus et assignatis predictis ac si eadem ipsis ante sasine per ipsos de predictis terris cum pertinentijs sumptioneni data et concessa extitisset non obstante sasina per ipsos de eisdeni alias sumpta super quo et omnibus defectibus qui inde sequi poterint ac cum omnibus alijs obiectionibus seu imperfectiouibus si que sint que contra validitatem antedicte carte aut huius nostre confirmationis eiusdem opponi seu allegari poterint nos pro nobis et successoribus nostris dispensaviinus ac per presentes dispensamus pro nunc et imperpetuum In cuius rei testimonium buic presenti carte nostre confirmationis magnum sigillum nostrum apponi precipimus predilectis nostris consanguineis et consiliarijs Joanne domino Hammiltoun et Abirbrothok etc., Georgio Comite Mariscalli domino Keith etc., Eegni nostri mariscallo dilectis nostris familiaribus consiliarijs, domino Eicardo Cokburne juniore de Clerkingtoun nostro secretario, Waltero com- mendatario de Blantyre nostri secreti sigilli custode, Magistro Joanne Skene nostrorum rotulorum registri ac consibi clerico, domino Joanne Cokburne de Ormestoun milite nostre iusticiarie clerico, et Magistro Wmo Scott de Grangemure nostre cancellarie directore Apud Falkland vicesimo tertio die mensis Junij anno Domini millesimo quingentesimo nonagesimo nono et regni nostri anno tricesimo secundo. — Reg. Mag. Sig., Lib. xlii. No. 11.
Bond by Andro Lundie of Condlane, and Elizabeth Brown, his spouse, and David Brown of Fynmonth, to George Scott, burgess of Dysert, for 6400 merks, as the price of the lands of Drimey over and nether. At Condlane, 24 May 1599. — Beg. of Deeds, 8th January 1627.
Assignation by John Broun of Fordell, to David Broun of Fynmont, his son, whereby, for the said David's taking obligation upon him for certain bonds — viz., to Henry Wardlaw, burgess of Edinburgh, for £1000, and to David Burt, in Kirkness, for £600 — the said John assigns to him all his corn, cattle, and plenishing on the Mains of Fordell, and other goods therein specified. Dated at Fynmonth 4 May 1601. Witnessed by Androw Broun, clerk of Kinghorn, etc. — Reg. of Deeds, vol. lxxxv., 8th May 1602.
12th Decembris 1601. — The testament datiue and inuentar of the gudis, geir, sowmes of money, and dettis perteining to vmquhill Elizabat Couttis, sumtyme spouse to Dauid Broun of Finemonth, within the parochin of Kinglassie in Fyff, the tyme of hir deceiss, quha deceissit in Fordell in the moneth of August the yeir of God jmvjc ane yeiris, ffaythfulie maid and gevin vp be the said Dauid Broun of Find- month, hir spous, as fader and lawfull administrator to Eobert, Dauid, Issobell, and Katrene Brownes, thair lawfull bairnes and executors datiues, surrogat to thair said vmquhill mother, in place of the procuratour fiscal, be decreit of the commissarie of Edinburgh, as the samen decreit of the dait at Edinburgh the 1 2 day of December the yeir of God jmvjc aine yeiris at lentht proportis, —
156 APPENDIX.
In the first, the said vrnquhile Elizabeth Couttis and hir said spous had the gudis, geir, sowmes of money, and dettis of the awaill and pryces afterfollowing perteining to thame the tyme of hir deceiss foirsaid, viz. : Item, sawn vpoun the ground and landis of the mains of Fordell, lxxxxvj bollis aittis, estimat to the thrid corne, ex- tending to xiiijxxviij bollis aittis, price of the boll with the fodder, v merkis ; summa, jmiiijcxl merkis. Item mair sawin thair, twelf bollis beir, estimat to the feird corne, extending to xlviij bollis beir, price of the boll with the fodder, v lib. ; summa, ijcxl lib. Item mair sawin thair, thrie bollis peiss, estimat to the feird corne, extending to twel bollis peiss, price of the boll with the fodder, v lib. ; summa, lx lib. Item mair sawin thair, four bollis quheit, estimat to the feird corne, extending to xvj bollis quheit, pryce of the boll with the fodder, vj lib. ; summa, lxxxxvj lib. Item mair vpone the said ground and landis, xxvij oxin, price of the pece owrheid, xiij lib. vj s. viij d. ; summa, vcxl merkis. Item mair thair, audit scoir scheipe, young and auld, price of the pece ourheid, xxxiij s. iiij d. ; summa, ijclxvj lib. xiij s. iiij d. Item mair thair, fy ve ky, price of the pece, x lib. ; summa, 1 lib. Item mair thair, ten stottis and quoyis of twa and thrie yeir auldis, price of the pece owrheid, x merkis ; summa, i° merkis. Item mair vpoun the said ground and landis of Fordell, sex horss and meiris, price of the pece ourheid, xx lib. ; summa, icxx lib. Item, sawin on the ground and landis of the eist syde of Findmonth, lxxx bollis of aittis, estimat to the thrid come extending to twelf scoir bollis aittis, price of the boll with the fodder, v merkis ; summa, viij0 lib. Item, mair sawin thair, ten bollis beir, estimat to the feird corne, extending to xl bollis beir, price of the boll with the fodder, v lib. ; summa, ij° lib. Item mair sawin thair, sex firlotis peiss, estimat to the feird corne, extending to sex bollis peiss, price of the boll with the fodder, v lib. ; summa, xxx lib. Item mair upoun the said ground and landis of eist syde of Findmonth, lxxx scheipe, young and auld, price of the pece owrheid, xxxiij s. iiij d. ; summa, j°xxxiij lib. vj s. viij d. Item mair thair, xx oxin, price of the pece owrheid, xiij lib. vj s. viij d. ; summa, iiij0 merkis. Item mair thair, audit stottis and quoyis, of twa and thrie yeir auldis, price of the pece owrheid, ten merkis ; summa, lxxx merkis. Item mair thair, twa horss, price of the pece owrheid, xx lib. ; summa, xl lib. Item, in vtencilis and domicilis, with the abuilzementis and ornamentis of hir bodie with siluer wark by the airschipe estimat, to ij° lib. money.
Summa of the Inventar, .... iijmix°xlij lib. 13s. 4d
Folloivis the dettis awin to the deid.
Item, thair was awin to the said vrnquhile Elizabat Couttis and hir said spous, be Schir James Schaw of Sauchie, knycht, iijcxxxiij lib. vj s. viij d. Item, be James Tod in Kinglass, for his half fermis resten in anno jmvj° aine yeiris, thrie bollis beire, price of the boll, v lib. ; summa, xv lib. Item, be Andro Gilmure for his half fermis in anno foirsaid, twa bollis beir, price of the boll, v lib. ; summa, x lib. Item, be George Liddell, in Findmonth, for his half fermis in anno foirsaid, twa furlotis twa peckis beir, price of the boll, v lib. ; summa, iij lib. ij s. vj d. Item, be Bo4 Meldrum, in Bawartane, for his half fermis in anno foirsaid, four bollis rueill and twa bollis beir
APPENDIX. 157
price of the boll owrheid, v lib. ; summa, xxx lib. Item, be Michaell Meldrum thair, for bis half fermis in anno foirsaid, four boll meill and twa boll beir, price of the boll owrheid, v lib. ; summa, xxx lib. Item, be Nichole Broun for his half fermis in anno foirsaid, sex fhiotis meill and twa firlotis beir, price of the boll owrheid, v lib. ; summa, x lib. Item, be Johne Kinloch for his half fermis in anno foirsaid, ane boll meill, price v lib. Item, be Alexr Ben, in Fordell, for his half fermis in anno foirsaid, ane boll meill, price v lib.
Summa of the dettis awin to the deid, . . iiifxli lib. ix s. ij d.
Summa of the Inventar with the dettis, iiijmiijclxxxiv lib. ij s. vj d.
Followis the dettis aivin be the deid.
Item, thair was awin be the said vmquhile Elizabat Couttis and hir said spous to Elizabat Brown, dochter lawfull of vmquhile Johne Broun, fear of Ford ell, quhilk schoe befell be deceiss of the said vmquhile Johne Broun, hir fader, intromettit with be the def unctis spous, the sowme of jmijciiij lib. Item, to Hendry Wardlaw, conforme to aine obligatioun, jm lib. Item, to Dauid Burt in Kirkness, be obligatioun, iiij0 lib. Item, to Ewffame Boiswell in Kirknes, be obligatioun, ijclxvj lib. xiij s. iiij d. Item, to James Betsone, be obligatioun, ijc lib. Item, to Dauid Tod in Craigsyde, be obligatioun, iiij0 lib. Item, to James Tod in Kinglasse, be obligatioun, ijclxvj lib. xiij s. iiij d. Item, to George Auchmowtie of that Ilk, ijclxvj lib. xiij s. iiij d. Item, to Euffame Brown in Inchdaruy, be obligatioun, jc lib. Item, to Jonet Clerk in Findmonth, jcvj lib. 13s. 4d. Item, to Eo* Kilgour in Pitcaney, lxvj lib. xiij s. iiijd. Item, to James Chrystie in Findmonth, jexxxiij lib. vj s. viij d. Item, to George Gib, be obligatioun, lxvj lib. xiij s. iiij d. Item, to Symon Haghie for merchandice, xx lib.
Summa of the dettis awin be the deid, iiijmiiijclxxxxvij lib. vj s. 8d. And sua the dettis exceidis the guidis, . . jcxiij lib. iiij s. ij d.
We, Mess" Johne Nicolson, vnderstanding that efter dew summonding and law- full warning, etc., and that nane compeirit, we decernit the procurator fischall, etc., conforme to the whilk, we in our souerane Lordis name and auctoritie makes, consti- tute, ordanis, and confirmis, etc. Quherevpon Mr Eo' Broun of Pitkeny is become cautioun for the saidis executoris and for the said fader, etc., as ane Act beiris. — Commissariat of Edinburgh, vol. xxxvi.
Discharge and Eenunciation by John Couttis, portioner of Pitzeocher, in favour of David Broun of Fynmonth, of the redemption of certain annualrents and securities therein specified, in which the said David and Elizabeth Coutts, his spouse, sister of the said John, were infeft by the latter, 13 July 1602. — Reg. of Deeds, vol. lxxxviii., 22 July 1602.
23 February 1603. — Obligation by David Broun of Fynmonth, whereby "for the naturall luiff, favour, and affectioun " he has to his brother's son, John Brown, now of Fordell, the said David engages to assign to him on his reaching the age of twenty, the nineteen years' tack of the teinds of Wester Balbartane, which the said
158 APPENDIX.
David purchased with " greit trawellis, expensis, and charges," from William Sandilands of St. Monance : the said tack being of date 18 May 1598. The obligation is dated at Edinburgh 23d February 1603. Witnesses : Mr. Eobert Broun, brother of the granter ; George Broun, his servant ; and Mr. David Broun, minister of Glammis. — Reg. of Deeds, vol. xciii.
Gift to David Broun of Fynmonth of the escheat of Andro Moncur of that Ilk, at the horn for debt to Eobert Anderson, burgess of Perth, 4 April 1603. — Reg. of Privy Seal.
Contract between David Broun of Fynmonth and John Couttis of Pitzocher, with consent of Jean Bruce, his spouse, Eobert Bruce of Blairhall, and Eobert Bruce of Baldrig, whereby, for 1000 merks, the latter sells to the said David Broun, an annualrent of £80, belonging to the said John Couttis, as heir to the late Allan Couttis, elder of Grange, by Isabell Bothwell, his second spouse, to whom the said annualrent was first disponed by James Lindsay of Dowhill, to be taken furth of the lands of Logy, near Dunfermline, belonging to George Bruce of Carnok, reserving the said Isobell Bothwell's liferent, and redeemable by the said James Lyndsay for 1000 merks. At Dunfermline, 15 September 1603. — Reg. of Deeds, vol. xcv.
25 November 1603. — Discharge by John Couttis, portioner of Pitzocher, with consent of Jean Bruce, his spouse, Eobert Bruce of Blairhall, and Eobert Bruce of Baldrig, to David Broun of Fynmonth and Elizabeth Couttis, his spouse, now deceased, sister of the granter, of the reversion of several annualrents in which he had infeft the said David and Elizabeth, redeemable on the granter's paying a " rois- noble " in " the kirk of Sanct Geill's," Edinburgh, where the said David, having failed to compear, the said " roisnoble " was consigned for his behoof; but he having subse- quently paid a certain sum to the granter, this discharge is now given in favour of the said David. At Dunfermline, 15th September 1603. Witnesses: John Gaw of Maw ; James Broun, brother-german to the late John Brown of Fordell ; David Broun, writer in Dunfermline ; and William Broun, writer of the Deed. — Ibid. vol. xcv.
27 June 1605. — Obligation by David Brown of Fynmonth and Alexander Peblis of Polhill, as cautioners for Margaret Gaw, relict of Oliver Young, burgess of Perth, to Henry Elder, clerk of Perth, for £68. 23d May 1604.— Ibid. vol. cxi.
16 June 1606. — Obligation by Andrew Blair, son and apparent heir to Andro Blair of Eossy, to George Brown, servitor to David Brown of Phinmonth, for 50 merks. At Perth, 29th August 1605. — Reg. of Deeds, vol. cxix.
8 January 1606. — Eenunciation by David Brown of Fynmonth, and Isobell Bothwell, relict of Allane Cowttis of Grange, now spouse to Eobert Wonrame, burgess of Dunfermline, in favour of George Bruce of Carnok, of an annualrent of £80 furth of the lands of Logie, now redeemed for 1000 merks. At the Both, 6th December 1605. — Ibid. vol. cxiv.
APPENDIX. 159
23 December 1606. — The testament datiue and inuentar of the guidis, geir, sowmes of money, and dettis perteining to vmquhile Margaret Murray, spous to Dauid Broun of Fynmonth, within [the parish] of Forgund and shirefdome of Perth t, the tyme of hir deceis, quha deceissit in the moneth of August the year of God jmvj° sex yeiris, ffaythfullie maid and gevin vp be the said Dauid Broun of Fynmonth, hir spous, as factor and lawfull administrator to James Broun, thair onlie lawful 1 barne procreat betwixt thame, executor datiue decernit to his said vmquhile moder, be decreit of the Commissary of Edinburgh, as the samyn decreit of the dait at Edinburgh the xx day of December the yeir of God jmvjc sex yeiris foirsaid at lenth proportis, —
In the first, the said vmquhile Margaret Murray and hir said spous had the guidis, geir, sowmes of money and dettis, of the awaill and prices efterfollowing, perteniug to thame the tyme of hir deceiss foirsaid, viz. : Item, vpoun the ground and landis of Fordell, xxyj drawin oxin, price of the pece owrheid, xvj lib. ; summa, iiijc and xvj lib. Item mair thair, ten ky, price of the pece owrheid, xiij lib. vj s. viij d. ; summa, icxxxiij lib. yj s. viij d. Item mair vpoun the said ground and landis, twelf stottis and quoyis of ane and twa yeir auldis, price of the pece owrheid, v lib. ; summa, Ix lib. Item mair vpoun the said ground and landis, ten scoir scheipe, young and auld, thairof sex scoire yowis and lxxx gimmeris and dynmontis, price of the pece owrheid, xl s. ; summa, four hundreth pundis. Item mair thair, sevin horsses and meiris, price of the pece owrheid, xxiiij lib. ; summa, jclxviij lib. Item, sawin vpoun ane pairt of the ground and landis of Fordell, to the defuuctis and hir said spous awin vse, liiij bollis aittis, estimat to the thrid corne, extending to aucht scoir twa bollis of aittis, price of the boll with the fodder, iij lib. vj s. viij d. ; summa, vcxl lib. Item, mair sawin vpoun ane pairt of the said ground and landis of Fordell to the defunctis and hir said spous awin vse, ten bollis of beir, estimat to the feird corne, extending to xl bollis of beire, price of the boll with the fodder, iiij lib. x s. ; summa, jclxxx lib. Item, mair sawin vpoun ane pairt of the said ground and landis of Fordell to the defunctis and hir said spous awin vse, half ane boll peiss, estimat to the feird corne, extending to twa bollis of peiss, price of the boll with the fodder, iiij lib. x s. ; summa, jx lib. Item, vpoun the ground and landis of Bishopshill, lxxxxij scheipe, half wodderis, half dynmontis, price of the peice owrheid, xl s. ; summa, jclxxxiiij lib. Item, in vtencilis and domicilis, with the abuilzementis of hir body, estimat to ijc lib.
Summa of the inuentar, .... ijmij°lxxxx lib. vj s. 8d.
Folloivis the dettis awin to the deid.
Item, thair was awin to the said vmquhile Margaret Murray and hir said spous, be Henrie Airland, for his fermis of the landis of Fynmonth, resten in anno jmvjc sex yeiris, xl bollis meill, and xvj bollis beire vnchereteit, price of the boll owrheid, iiij lib. ; summa, ijcxxiiij lib. Item, be Andro Gilmure in Kinglasse, resten, twa bollis of ferme beir, price of the boll, iiij lib. ; summa, viij lib. Item, be Symon Hagie thair, thrie
160 APPENDIX.
bollis ferme beire, price of the boll, iiij lib. ; surnnia, xij lib. Item, be James Wilsoun in Fynmonth, for his half fermis resten in anno jmvjc sex yeiris foirsaid, xlij bollis meill and xviij bollis beir, price of the boll owrheid, iiij lib. ; summa, ij°xl lib. Item, be Michaell Meldrum in Bawartane, for his pairt of the teind of Meldrum foirsaid, aucht bollis meill and four bollis beir, price of the boll owrheid, iiij lib. ; summa, xlviij lib. Item, be Schir James Schaw of Sauchie, knycht, be contract, the sowrne of fyve hundreth pundis.
Summa of the dettis awin to the deid, . jmxxxij lib.
Summa of the inuentar with the dettis, . iijmiijcxxij lib. vj s. 8d.
Folloiuis the dettis awin be the deid.
Item, thair was awin be the said vmquhile Margaret Murray and hir said spous, to Toddis lawfull barnis to vmquhile James Tod in Kinglassie, be obligatioun,
the souine of iiij0 merkis. Item, to Wm Swyne in Gatemilk, be obligatioun, ijc merkis. Item, to Henry Broun in Gospertie, be obligatioun, iij° merkis. Item, to Issobell Murray, dochter to Johnne Murray of Tibbermure, be obligatioun, iijc merkis. Item, to Henry Airland in Strathhendrie, be obligatioun, ijc merkis. Item, to Nichole Broun, be obligatioun, j° merkis. Item, to Thomas Broun thair, be obligatioun, j° merkis. Item, to Thomas Broune thair, be obligatioun, j° merkis. Item, to George Gib in Fynmonth, be obligatioun, jc merkis. Item, to Micbaell Meldrum, be obligatioun, xl merkis. Item, to James Broun, sone to the defunct, be virtew of ane contract matrimoniall maid betwixt Johne Murray of Tilliemure, fader to the defunct, and the defunctis self one the ane pairt, and the said Dauid Broun of Fynmonth, hir spous, on the vthyr pairt, of the dait at Perth the fyft day of Marche the yeir of God jmvj° twa yeiris, iijmvc libs. Item, to Mr Johne Durie, for the few malis of Fynmonth, resten in anno jmvjc sex yeiris, xvj lib. Item, to the quienis majestie and hir chalmerlaiue, for the teindis of Fynmonth in anno foirsaid, x lib. xiij s. iiij d.
Summa of the dettis awin be the deid, . iiijmvij°liij lib. vj s. 8d.
And sua the dettis exceidis the guidis, . jmiiijcxxxj lib.
We, Mr Johne Arthour, etc., vnderstanding that efter dew summonding and law- full warning maid be forme of edict, appointit as effeiris of the executor, etc., we decernit thairuntill, as our decreit gevin thairvpoun beiris, conforme to the quhilk we in our souerane lordis name and auctoritie, makes, constitutis, etc., quhairvpoun Schir Walter Dundass of that Ilk, is become cautioun, etc., as ane act beiris.
9 June 1615. — Discharge by Agnes Scott, sister german to the late Sir James Scott of Balwearie, knight, and David Broun of Fynmonth, her spouse, to Sir James Cunningham of Glengarnock, kt., for 4000 rnerks, in redemption of an annualrent of 400 merks, wherein the said Agnes was appointed to be infeft by the said Sir
APPENDIX. 161
James Cuniringhame, out of the lauds of Balwearie Mylne, couforme to decreet arbitral by Alexander, Earl of Dunfermline, Chancellor, as judge chosen by them, dated at Edinburgh, 10 November 1608, and recorded in the Eegister of Decreets, 19 Nov., same year. Dated at Fordell, 10 May 1611 : witnesses, John Broun of Fordell, Mr. Kobert Broun of Pitkeny, etc. — Reg. of Deeds, vol. ccxxxviii.
Obligation by Andro Lundy of Condland, to his " beloved brother-in-law," David Broune of Fynmonth, for 500 merks. At Kirkcaldy, 2d October 1611. Wit- nesses : James Colville, brother to the laird of Cleish ; David Gaw, brother to John Gaw of Maw.— Reg. of Deeds, 19th November 1630.
The Testament testamentar, and inventarie of the gudis, geir, and dettis of vmquhile Agnes Scott, spous to Dauid Broun of Finmonth, within the parochin of Kinglassie and Scherefdome of Fyff, the tyme of her deceis, quhilk wes vpoun the xxvij day of Februar 1614 yeiris, faythfullie maid and gevin vp be the said Dauid Broun, her relict spous, executour testamentar nomiuat be hir in latter will vuder- writtin of the dait at Finmonth, the audit day of Februar yeir foirsaid, —
In the first, in the barn yaird of Fordell, sex scoir bollis aittis, price of the boll, being out feild aittis, iiij lib. xiij s. iiij d. ; summa, vclx lib. Item, in the barne of Fordell, fyftie bollis beir, price of the boll, vj lib. xiij s. iiij d. ; summa, iijcxxxiij lib. vj s. viij d. Item, in Fordell, of yowis, gymmaris, and dilmondis, tuelscoir scheip, price of the pece ovirheid, Iiij s. iiij d. ; summa, vjclxv lib. xiij s. iiij d. Item, twa meiris and twa staigis, price of the pece ovirheid, xxx lib. ; summa, jcxx lib. Item in the girnell of Fordellis, xxij bollis meill, price of the boll, iiij lib. xiij s. iiij d. ; summa, j'ij lib. xiij s. iiij d. Item, in the Bischop of Hill of scheip, to wit, wederis and dil- mondis, fyvescoir sextene scheip, price of the pece, Iiij s. iiij d. ; summa, iij°viij lib. xiij s. iiij d. Item, in the girnell of Finmouuth, lxxvj bollis meill, price of the boll, iiij lib. xiij s. iiij d. ; summa, iijcliiij lib. xiij s. iiij d. Item in the said girnell, fyftie bollis meill, price of the boll, iiij lib. xiij s. iiij d. ; summa, ijcxxxiij lib. vj s. viij d. Item, in vtinceillis and domiceilis, estimat to iijc lib.
Summa of the inventarie, . . ijmixclxxvijj lib. vj s. viij d.
Dettis awand to the deid.
In the first, be Jon Broun of Fordell, conform to ane contract, jmvjclxvj lib. xiij s. iiij d. Item, be Jon Murray of Tippermure and Patrik Murray, his son, fear thairof. jcxxxiij lib. vj s. viij d. Item, be Jon Young, younger in Middilrig, xiij lib. xiij s. iiijd. Item, be the airis or executoures of vmquhile schir James Scott of Balvirie, be vertew of his band, vj°lxvj lib. xiij s. iiij d.
Summa of the dettis, .... ijmvcix lib. vj s. viij d. Summa of the inventar and dettis, . vmiiijclxxxvij lib. xiij s. iiij d.
x
162 APPENDIX.
Dettis awand he the deid.
Item, to Elizabeth Broun, dochter to vmquhile Jon Broun of Fordell his brother, jmiijcxxxiij lib. vj s. viij d., in contentatioun of the said Dauid his intromission as tutor to the said Elizabeth. Item, to James Broun, his sone, procreat betwix him and vmquhile Margaret Murray, his spous, ijmiij°xxxiij lib. vj s. viij d., as ane part of ane matrimoniall contract not fulfillit nor satisfeit. Item, to George Tod in Kynnyn- month, of borrowit mone, iijcxxxiij lib. vj s. viij d. Item, to James Wilsone younger, in Findmonth, iijcxxxiij lib. vj s. viij d., con forme to his obligatioun. Item, to Henrie Irland in Strahenrie, jcxxxiij lib. vj s. viij d. of borrowit money. Item, to William Sym and Jon Swyn in Gaitmilk, ijclib., conform to thair obligatioun. Item, to Symon Hagay and Margaret Miln, his spous, in Kinglassie, jcxxxiij lib. vj s. viij d. conforme to thair obligatioun. Item, to George Gib in the Decmies, lxvj lib. xiij s. iiij d. borrowit money. Item, to Margaret Mini in Kinglassie, lxvj lib. xiij s. iiij d., conforme to thair obligatioun. Item, to Margaret Lindesay, seruand woman, for claith and fie, xxxiij lib. vj s. viij d. Item, to Jon Ker, seruand, of fie, ix lib. Item, to Alexr Lamb, seruand, of fie, v lib. Item, to the principall and masteris of St. Leonardis Coledge for the teindis of By Hie, v lib.
Summa of the saidis dettis, . . . iiijmixclxxxv lib. xiij s. iiij d.
Summa of the frie geir, the dettis deducit, . vcij lib.
To be devydit in thrie partis. Ilk part is, ..... . jclxvij lib. vj s. viij d.
Folloivis the latterwill.
At Finmonth, the audit day of Februar, the yeir of God 1614 yeiris, I, Agnes Scott, spous to Dauid Broun of Finmonth, being of guid helth and perfyt of memorie, vnderstanding that thair is na thing mair certane than death, and na thing mair vncertan than the day and hour of death ; thairfoir, to have constitut and nominat, lyk as I, be the tennour heir of constitutis and nominatis, Dauid Broun, my husband, my onlie executour and vniversal intromittour, with all and quhatsumever guidis and geir appertening, or ony maner of way appertening, to me, be thir presentis, writtin be Mr. James Wilsone, minister of God's word at Kinglassie, and subscryuit with my hand, the day, yeir, and place foirsaidis, befoir thir witnes, Laurence Oliphant, sone to vmquhile William Oliphant of Gask ; Dauid Gaw, brother gernian to Jon Gaw of Maw ; and the said Mr. James Wilsone, minister. Sic subT Agnes Scott ; Mr. J. Wilsone, witnes ; Laurence Oliphant, witness ; Dauid Gaue, witnes.
This present inventarie and testament befoir writtin, togidder with the executour thairin constitut, is confirmit vpoun the viiij day of Aprile 1614 ; the said executour maid fayth, etc., and Robert Broun apperand of Fynmonth is becum cautiounar, etc.
10 June 1614. — Renunciation by Walter Scott, son and heir of the late George Scott, burgess of Dysart, of all claim which he had against David Broun of Fyn-
WEMYSS OF FOODIE.
(County Fife.)
|
v-h- |
— t 1 * |
|
_^ |
First and Fourth or, a Lion rampant gules ; Second and Third argent, a Lion rampant sable ; all within a Bordure counter compony or and gules for difference.
(Lyon Register, 1672-1678.)
SCOTI :- FERGUSON CDlNBUBOH
APPENDIX. 163
month, as cautioner in the contract between Andrew Lundy of Condlane and Eliza- beth Broun, his spouse, on the one part, and the said deceased George Scott on the other, anent the alienation to the latter of the lands of Drumis, over and nether, in the shire of Fife, under reversion for 6400 merks — which contract was dated 24th and 26th May 1599. This Eenuuciation is dated at Falkland, 13 Dec. 1613. — Reg. of Deeds.
Renunciation by David Broun of Fynnionthe, to and in favour of John Murray of Tibbermure, and Patrick Murray, his lawful eldest son, procreate betwixt him and Helen Scrymgeour, his second spouse ; whereby, for the sum of 4000 merks, an annuelrent of 400 merks out of the lands of Keirprone, with the salmon-fishings thereof in the water of Earne, is renounced and given up by the said David Broun. Subscribed at Fordell, 8 June 1614, and recorded 18 December 1615. Nicoll Broun in Fordell is a witness. — Ibid. vol. ccxliii.
3 December 1619. — Seisin of David Broun of Finmonth (proceeding on charter and precept granted by David Wilsone, servant to the late Sir John Skene of Curriehill, knight, containing a sale and alienation), of an annualrent of 40 merks Scots, to be uplifted furth of the lands of Innerteill. Precept, dated at the Burgh of Kingorne, 2d August 1614. — Protocol Book.
10 November 1618. — David Broun of Fynmonth, against Sir James Cunningham of Glengarnok, Knt. ; Sir George Erskine of Innerteil, Knt., Dame Isabell Broun, his spouse, and others, narrating that Mr Win. Anderson, in Edinburgh, by disposi- tion, dated 16th Oct. 1615, sold to the pursuer an annuity of 100 merks furth of the lands of Innerteil, for payment of which the suit is raised. Decerned for pursuer. — Reg. of Acts and Decreets.
Ane Bendnciatioun of ane anualrent maid be Catharene Broun, and Harie Wymes of Fudie, hir spous, for his entres in favoris of David Broun of Finmonth, registrat in the Clerk of Begisteris Register of the Sheriffdomes of Fyff and Kinrois, at Hiltervat, the last day of November 1619, quhairof the tenour followis : — Be it kend till all be thir present lettres, me, Catharene Broun, laufull douchter to David Broun of Findmonth, with consent of Harie Wemys of Fudie, my spous, for his entres ; as also I, the said Harie Wemys, for myself, and takand burthing on me for the said Catherene, my spous, and we bayth, with ane consent and assent, fforasmekle as I, the said Catherene Broun, being provydit be the said Dauid Brown of Findmonth, my father, and dewlie infeft be him in all and haill ane yeirlie anuelrent of ane hundreth merkis money of this realme, yeirlie to be upliftit and tane furth of all and haill the west pairt lands of Findmonth, pertaining to the said Dauid, lyand within the parochine of Kinglassie and Sheriffdome of Fyff, or furth of any pairt thereof, with the pertinentis conforme to the infeftmentis and securaties maid to me thairanent, redemabill alwayes and under reversioun, containing the sowme of ane thowsand merkis money foresaid, as in the reversione and utheris
164 APPENDIX.
evidentis maid thairanent at greater length is containit ; and becaus I, the said Catharene Broun, am alreddie sufficientlie tocherit and provydit be the said Dauid Broun, my father, in full satisfactioun and contentatioun of the said auualrent and principal sowme quhairin I wes infeft of befor ; quhilk I, with consent of said spous, hes alreadie acceptit be the contract of mariage maid betwix the said Dauid Broun of Findmonth, my father, and I, the said Catherene, on the ane pairt, and the said Harie Wemys of Fudie on the uther pairt, of the dait at Findmonth, the seavint day of August, the yeir of God jmvjc and nyntene yeiris. Be the quhilk contract also, I, the said Catherene, and my said spous, ar bunden and obleist thairin to renunce the said anualrent, and grant laufull redemptioun thairof ; quhairfor, and in satisfactioun of the said contract of mariage and wtheris causes abune specifiet, confess and grantis the said anualrent dewlie and laufullie redemit fra us be the said Dauid Broun of Findmonth, confess and grantis all bygane anualrentis thairof payit, and the haill reversioun satisfiet ; and I, the said Catherene, with consent of the said Harie Wemys, my spous, as also the said Harie for himself, and takand burthing for his said spous, for thame, thair airis, executouris, and assignayes, exoneris quytclames, and simpliciter dischairges the said Dauid Broun of Findmonth, his airis, executouris, and assignis, of the said principal sowme of ane thowsand merkis money forsaid, and of the said yeirlie anualrent of ane hundreth merkis money forsaid yeirlie to haive bene wpliftit furth of the saidis halff landis of Findmonth, being the west syde and west pairt thairof, or furth of any pairt of the samyne, with the pertinentis, conforme to the infeftmentis and reversioun grantit thairupoun ; qubilk reversioun we grant to be fullie, conipleitlie, and sufficientlie satisfiet to us in all poyntis conforme to the tenour thairof, renunceand the exceptioun of non-numerat money, and all wtheris exceptiounis quhatsumever that can or may be proponit in the contrare of thir presentis. And I, the said Cathren, with consent of my said spous, and the said Harie for himself, and baith with ane consent and assent, for us, our airis, executours, and assignayis, renunces quytclames, and simpliciter dischairges all rycht, title of rycht, propertie, and possessioun, petitour and possessourie, quhilk we or our forsaidis has had, or may clame and pretend in and to the said annuel- rent and principall sowme ; and be thir presentis resignes, overgives, and sur- renderis and delyveris the said annuelrent and quhatsumever rycht we may pretend thairto, in the handis and favour of the said Dauid Broun of Findmonth, as superiour thairof ad perpetuam reman entiam, and to remaine with him and his for- saidis conforme to the Act of Parliament and lawis of this kingdome, and hes delyverit the haill wreatis and evidentis grantit to me, the said Kathrene, thair- upoun to be cuttit, cancellat, and destroyit, and never to mak faith herefter, and obleiss us to warrant this our renunciatioun to the said Dauid and his forsaidis to be alwayes walid and effectual!, and to renew the samyne toties quoties as we sail be requyrit ; and we ar content that thir presentis be registrat in the buikis of Counsall and Sessioun or commissaries buikis of St. Andrews, to hawe the strenth of ane decreit and wther as effeiris ; as also that their presentis be registrat in my Lord Clerk of Eegisteris buikis within the Sherifdome of Fyff, conforme to the Act
APPENDIX. 165
of Parliament, and makis and constitutis, etc. . . . — Particular Register of Sasines for Fife and Kinross.
1620, Feb. 21. — Seisin of Robert Broun, son and heir apparent of David Broun of Finmonth, and Lilias Macgill, his spouse, proceeding on a charter and precept, granted by the said David Broun of Finmonth to them, of the west half of the lands of Finmonth lying in the regality of Dunfermline, parish of Kinglassie and shire of Fyfe, presently occupied by James Wilsone, in conjunct fee, and the heirs begotten betwixt them, whom failing, to the said Robert's heirs whomsoever — charters and precept dated at Finmonth 21 February 1620. Witnesses to the Seisin: David Lundy, lawful son to Andrew Lundy of Condlen ; James Broun, lawful son of the said David Broun of Finmonth ; John Broun, wright in Clunye ; and Dauid Gib. — Protocol Booh.
Disposition by David Broun of Finmonth, to Walter Scott of Banclera and Bessie Mosman, his spouse, of a tack of the teinds of Condland, etc., which was assigned to the said David by Thomas Lumsden, son and heir of the late Mr. Thomas Lumsden, parson of Kinkell, tacksman thereof, to the Earl of Lennox. At Fynmonth, 4th July 1621. Robert and James Brouns, sons of the said David, are witnesses. — Beg. of Deeds, 3d May 1624.
Precept for confirmation of charter by John Lundie of that Ilk, to David Brown of Fynmonth in liferent, and James his son, begotten between him and the late Margaret Murray, his spouse, of an annualrent of 450 merks : and also to the said David Brown and Agnes, his daughter, begotten between him and the late Agnes Scott, his spouse, of an annualrent of 550 merks, out of the barony of Lundie. — August 23d 1626.— Beg. of Privy Seal.
Carta Davidis Broun de Fynmonth et sui filii ac filie annuorum reddituum subscriptorom.
Carolus Dei gratia Magne Britannie Francie et Hibernie Rex, etc., fideique defensor Omnibus probis hominibus totius terre sue clericis et laicis salutem Sciatis nos, etc. . . . ratificasse approbasse Et hac presenti carta nostra confirmasse etc. . . . cartam subscriptam venditionem et dispositionem in eadem insertam factam datam et concessam per Joannem Lundy de Eodem, cum consensu domini Jacobi Lundy militis sui patrui, dilecto nostro Davidi Broun de Fynmonth in vitali redditu pro omnibus sue vite diebus ac Jacobo Broun eius filio legitimo inter ipsum et quondam Margaretam Murray eius sponsam procreato ac heredibus de corpore suo legitime procreandis Quibus deficientibus heredibus et assignatis dicti Davidis quibuscunque in feodo hereditarie de toto et integro uno annuo redditu quadringintarum et quin- quaginta mercarum monete huius regni nostri Scotie Ac etiam dicto Davidi Broun de Fynmonth in vitali redditu et Agnete Broun eius filie legitime inter ipsum et
16G APPENDIX.
quondam Agnetarn Scott eius sponsarn legitime procreate ac heredibus de corpore dicte Agnete Broune legitime procreandis. Quibus deficientibus legitimis et propin- quioribus heredibus et assiguatis dicti Davidis quibuscunque hereditarie de toto et integro alio annuo redditu quingentarum et quinquaginta mercarum monete antedicte annui redditus annuatim levandi et percipiendi ad festa Penthecostes et Sancti Martini in hyeme per equales portiones de totis et integris terris et baronia de Lundie cum pertinentijs seu aliqua earundem parte jacentibus infra vicecomitatum nostrum de Fyiff exceptis de terris dominicalibus de Lundie molendinis terris molendinarijs ac illis acris terrarum arabilium quondam ad dictas terras dominicales pertinentibus per tenentes de occupatis, durante vita dicti domini Jacobi
Lundie tantummodo Tenendo de nobis et successoribus nostris in libera albafirma pro annua solutione unius denarij super solo dictarum terrarum ad festum Penthe- costes nomine albefirme si petatur tantum prout in dicta carta desuper confecta de data apud Couper et Edinburgh primo et septimo diebus mensis Junij anno Domini millesimo sexcentesimo vigesimo sexto instantis latius continetur Salvis tamen nobis nostrisque successoribus juribus et servitijs nobis et predicessoribus nostris de terris alijsque prescriptis ante hanc presentem nostram confirmationem debitis et consuetis Insuper cum consensu antedicto volumus et concedimus ac pro nobis et successoribus nostris pro perpetuo decernimus et ordinamus quod presens hec nostra confirmatio dicti inf'eofamenti per datam et contenta eiusdem supraspecificata tanti erit roboris valoris efficacie et effectus dicto Davidi Broun ac dictis suo filio et filie eorumque antedictis pro gavisione et possessione predictorum annuorum reddituum Secundum tenorem eiusdem infeofamentj ac si eadem confirmatio ipsis per nos nostro sub magno sigillo in majori forma per integrum tenorem dicte carte ac ante sasinam per ipsos de eisdem annuis redditlbus susceptam data et concessa fuisset Non obstante sasiua per ipsos de ijsdeni hactenus suscepta penes quam ac omnes alios defectus impedimenta et objectiones quascunque que contra dictum infeofamentum ant validitatem eiusdem et non insertionem dicte carte opponi seu obijci poterint nos cum consensu prescripto pro nobis et successoribus nostris cum dicto Davide Broune ac dictis eius filio et filia pro perpetuo dispensavimus ac per presentis carte nostre tenorem dispensamus imperpetuum In cuius rei testimonium huic presenti carte nostre confirmationis magnum sigillum nostrum apponi precepimus Testibus vt in alijs cartis consimilis date precedentibus Apud Halyrudhous vigesimo tertio die mensis Augusti anno Domini millesimo sexcentesimo vigesimo sexto et anno regni noslri secundo. — Reg. Mag. Sig., Lib. li. No. 1 1 7.
1G29, March 20. — Laikd OF Finjionth contra Weems.
The Laird of Kincraig in his son's contract of marriage being oblig'd to infeft his daughter-in-law in certain lands, and therein obliging himself to warrand these lands to her free of all teinds, except the payment of seven bolls of victual yearly — for these are the very words of the contract — the father-in-law being the tacksman of these teinds for the payment of the said tack- duty, and after the son's decease
INGLIS OF KINGASK.
(County Fife.)
Azure, a Lion rampant argent armed and langued gules, in chief three Mullets of the second.
(Lyon Register.)
SCOU iTEFCUSONEDIM BURGH
APPENDIX. 167
the relict continuing divers years in possession of these lands and teinds for paying of this duty, the good-father being still on life ; thereafter the good-father in another contract of marriage of one of his daughters, for security of the sums promitted in tocher to his good-son, makes him assigney to his said tack of the saids teinds ; whereupon the relict foresaid of his said son is pursued for the saids teinds of the lands provided to her by her said contract of marriage, who opponing the foresaid clause of the contract, bearing her father-in-law to be oblig'd to warrand the saids lands to her free of all teinds, except the said seven bolls, which she alledged with her possession sensive, to be als good to her as if she had obtained an assignation to the tack, or been made sub-tackswoman ; and the other alledging, that it was only a personal bond, which obliged himself and his heirs, and could not exclude the real right now standing in the person of a singular successor who had valuably acquired it ex causa onerosa. The alledgance was sustained, and the clause was found sufficient to maintain the defender in her right to bruik the lands against any whosoever claimed right to that tack. — Ditrie's Decisions.
Discharge by David Broun of Fynmonth, with consent of David Broun his sou, to Alexander Shaw of Sauchie, son and heir of the late Sir James Shaw of Sauchie, knight, of a contract between the latter and the late John Broun of Fordel, Catherine Boswel his spouse, and the said David Broun, elder, their son, of date 24th June 1581. At Edinburgh and Finmonth, 21st November and 11th December 1629. Witnesses : Eobert, John, and Alexander, sons of the said David Broun of Fynmonth, — Reg. of Deeds, 18th December 1629.
Sasine of David Broun of Fynmonth, and Johanna M'Gill his spouse, and the longest liver in liferent, and their children John, Alexander, George, Lilias, and Margaret, and their heirs and assignees in fee, of an annualrent of three hundred and ninety merks, furth of the lands of Seyfield, proceeding on a charter from Sir George Erskine of Innerteil, knight, 2d August 1630. — Particular Reg. of Sasinesfor Fife.
On the same day there is a sasine of the said David in liferent and his daughter Agnes, begotten betwixt him and his deceased spouse Agnes Scott, in fie, of an annualrent of two hundred and forty merks, furth of the lands of Seyfield.
Contract between David Broun of Fynmouth and David Lundie, eldest son of Andrew Lundie of Conlene, whereby the former assigns to the latter his sister's reversion over the lands of Drumme. At Fynmouth, 26th February 1632. Witnesses : Alexander Broun, son of the said David, and Mr. John Broun, schoolmaster at Kinglassie.— Reg. of Deeds, 2d March 1632.
XL (2.) Vicarsgrange. — Precept for ratification of charter by Sir George Erskine of Innerteil, in favour of David Broun, lawful son of David Broun of Finmonth, and Katherine Inglis, his spouse, of the lands of the vicarage of Kinghorn, 13th November 1630.— Reg. of Privy Seal.
168 APPENDIX.
CAKTA CONFIItMATIONIS DAVIDIS BROUN ET SUE SPONSE TERKARUM ECCLESIASTICARDM VlCAEIE DE KlNGHORNE ElSTER, ETC.
Carolus Dei gratia Magne Britaunie Francie et Hiberuie rex fideique defensor Omuibus probis liominibus totius terre sue clericis et laicis salutem Sciatis nos, etc. . . quandam cartain subscriptarn venditionem et dispositionern in eadem contentam, etc. . . de mandate- nostro visam lectam inspectam et diligenter examinatani sanam integrain non rasam non cancellatam nee in aliqua sui parte suspectam ad plenum intellexisse sub hac forma Omnibus banc cartam visuris vel audituris Dominus Georgius Erskene de Innerteill miles vnus senatorum supremi senatus hereditarius proprietarius terrarum subscriptarum salutem in domino sempiternam Noveritis me pro impletione literarum obligatoriarum per me dilectis meis Davidi Broun filio legitimo Davidis Broun de Fynmonth et Katbarine Inglis ejus sponse confectarum de data duodecimo die mensis Junij vltimo elapsi Necnon pro pecuniarum summis in dictis literis obligatorijs specificatis mihi per dictum Davidem Broun iuniorem et ejus sponsam persolutis et deliberatis in pecunia numerata de quibus teneo me bene contentum plenarie et integre satisfactum dictumque Davidem et dictam ejus sponsam eorumque heredes executores et assignatos pro me heredibus executoribus et assignatis meis de eisdem quietos inde clamo et exouero tenore presentium imperpetuum Vendidisse tituloque pure venditionis alienasse et hac presenti carta inea confirmasse Necnon tenore presentium vendere tituloque pure venditionis alienare et hac presenti carta rnea con- rirmare prefato Davidi Broun juniori et dicte Katharine Inglis ejus sponse eorumque alteri diutius viventi in conjuueta infeodatione ac heredibus inter ipsos legitime pro- creatis seu procreaudis Quibus deficientibus legitimis et propinquioribus heredibus et assignatis dicti quibuscunque hereditarie et irredemabiliter absque vlla reuersione redemptione seu regressu aliquali totas et integras meas terras ecclesiasticas viccarie ecclesie de Kingorne Eister cum gleba et mansione earundem et singulis suis per- tinentijs vt prefertur jacentes Tenendas et habendas totas et integras prefatas terras ecclesiasticas viccarie dicte ecclesie de Kinghorne Eister cum gleba et mansione earun- dem et singulis suis pertinentiis vt prefertur jacentes prefatis Davidi Broun juniori et Katharine Inglis ejus spouse eorumque alteri diutius viventi in conjuncta infeoda- tione ac eorum heredibus et assignatis antedictis a me et heredibus meis de supremo domino nostro rege et suis successoribus meis immediatis superioribus earundem in feudifirma seu emphiteosi et hereditate imperpetuum Per omnes rectas metas suas antiquas et divisas prout jacent, etc. . . Reddendo jnde annuatim dicte David Broun junior et ejus conjuux eorumque alter diutius vivens ac eorum heredes et assignati autedicti dicto supiemo domino nostro regi et suis successoribus meis immediatis superioribus antedictis Summarn viginti quatuor librarum monete hujus regni Scotie ad duos anni terminos consuetos festa, viz. Penthecostes et Sancti Martini in hyeme per equales portiones nomine feuditirme Nee non heredes dicti Davidis et ejus conjugis duplicando dictam feudifirmariam divoriam primo anno eorum jutroitus ad predictas terras aliaque prescripta cum suis pertinentijs prout vsus est feudifirme tantum pro omni alio onere, etc. Et ego vero dictus dominus Georgius Erskene
APPENDIX. 169
heredes mei et assignati totas et integras prefatas terras, etc. . . contra onmes mortales warrantizabirnus acquietabimus et iniperpetuum defendemus Insuper dilectis meis Et vestrum cuilibet conjunctirn et divisim ballivis meis in hac parte speci- aliter constitutis salutem vobis precipio et firmiter mando quatinus visis presentibus jndilate statum sasinam hereditariam Nee non possessionem corporalem actualem et realem totarum et integrarum prefatarum terrarum ecclesiasticarum viccarie dicte ecclesie de Kinghorne Eister cum gleba et mansione earundem et singulis suis per - tinentijs vt prefertur jacentium Memoratis Davidi Broun juniori et Katharine Inglis ejus sponse eorumque alteri diutius viventi in conjuncta infeodatione vel eorum certis actomatis presentium latoribus per terre et lapidis fundi earundem vt moris est tradi- tionem secundum tenorem prescripte carte mee juste haberi faciatis tradatis deliberetis sine dilatione Et hoc nullo modo omittatis Ad quod faciendum vobis et vestrum cuilibet conjunctirn et divisim ballivis meis in hac parte antedictis meam plenariam et irrevocabilem tenore presentium committo potestatem In cujus rei testimonium huic presenti carte mee preceptum sasine in se continenti manu Magistri Alexandri Carmichaell servi Joannis Learmonth scribe signeti regij scripte manuque mea sub- scripte sigillum meum est appensum Apud Edinburgh tertio die mensis Julij anno Domini millesimo sexcentesimo trigesimo Coram his testibus domino Joanne M'Kenzie de Tarbet milite Patricio Davidsone ejus servo Georgio Walker et Patricio Gairdner meis servis Quamquidem cartam suprascriptam venditionem et disposi- tionem in eadem contentas cum precepto sasine juibi inserto in omnibus suis punctis et articulis conditionibus et modis ac circumstantijs suis quibuscunque in omnibus et per omnia forma pariter et effectu vt premissum est ratificamus approbamus Ac pro nobis et successoribus nostris pro perpetuo confirmaruus Saluis tamen nobis et suc- cessoribus nostris juribus et servitijs nobis et predicessoribus nostris de terris alijs- que prescriptis ante presentem hanc nostram confirmationem debitis et consuetis, etc. ... In cujus rei testimonium huic presenti carte ncstre confirmation is magnum sigillum nostrum apponi precepimus Apud Halyruidhous decimo tertio die mensis Novem- bris Anno Domini millesimo sexcentesimo trigesimo et anno regni nostri sexto. — Reg. Mag. Sig., Lib. liii. No. 31.
The attorney in the Sasine is " providus vir Joannes Inglis servus Domini Georgii Erskene de Innerteill militis."
Sasine of said David and Katharine his wife, he being designed providus juvenis lawful son of David Broun of Fynmonth and the heirs lawfully begotten betwixt them, etc., in the lands of Westergrass in the parish of Kinghorn, lying between Vicarsgrange and the sea, on the south side of the stream running eastward from the courtgait to the sea. Eegistered 12th Jan. 1633. — Gen. Reg. Sas., vol. xxxv. fol. 248.
Discharge by John, Mr. George, and Margaret Broun, lawful children to umquhile David Broun of Fynmonth, procreated betwixt him and Jean McGill, his spouse, of 1250 merkis, contained in a bond by umquhile John Lundy of Conland, to umquhile Alexander Broun, brother of the granters, dated 11th June 1642. — Register of Deeds.
Y
170 APPENDIX.
Contract between John, Earl of Kinghorne, Lord Lyowne and Glamis, for him- self, and as heir of the late Patrick, Earl of Kinghorne, his father, on the one part, and David Browne of Viccarsgrange on the other part, narrating that the late Adam, Bishop of Orkney, Commendator of the Abbey of Holyrood, and the late Mr. John Both well, his son, set in tack to William Sandilands of St. Mouance, and the late Jeane Bothwell, his spouse, the teind scheaves of the Parish Kirk of King- horne Eister, in the shire of Fife, as part of the patrimony of the said abbacy, for the yearly payment of £100, 13s. 4d., which tack was dated at Holyrood, 10th July 1591 ; that this tack was assigned by the said William Sandilands and his spouse, to the late Patrick, Earl of Kinghorne, and is now by the present contract assigned by the said John, Earl of Kinghorne, to the said David Broun and his heirs. At Edinburgh, 14th January 1643. — Reg. of Deeds, vol. 546.
Hec Inquisitio facta fuit in curia vicecomitatus de Fyiff in pretorio burgi de Cupro coram Davide Jameson et magistro Patricio Glasfuird deputatis diet! vice- comitatus vigesimo primo die mensis Junij anno Domini millesimo sexcentesimo quadragesimo octavo per hos probos et fideles homines patrie subscriptos, viz. : — Thomam Gourlaw de Kincraig, Gavinum Wemyis de Wnthank, Alexandrum Inglis de Kingaske, Davidem Wemys de Fudie, Gilbertum Pairsone de Kynneir, Thomam Alexander de Skeddowie, Robertum Durie de Newtoun, Thomam Olyphant de Hil- cairnie, Joannem Leitche in Convie, Henricum Durie filium quondam Gullielmi Durie de Vester Newtoun, Eobertum Sybbald in Skeddowie, Alexrum Lucklaw in Cupar, Magistrum Jacobum Forrett ibidem, Davidem Lucklaw juniorem ibidem, et Gulliel- mum Clephane ibidem, Qui jurati dicunt quod quondam David Browne de Viccaris- grainge pater Davidis Broun nunc de Viccarisgrange latoris presentium obijt vltimo vestitus et sasitus vt de feodo ad fidem et pacem S. D. N. Regis de totis et integris terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et mansione earundem et singulis suis pertinentjs jacentibus in parochia de Kinghorne et infra vicecomitatum de Fyiff Et quod dictus David Browne presentium lator est legiti- mus et propinquior heres eiusdem quondam Davidis Broune sui patris de totis et integris dictis terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et mansione earundem et singulis suis pertinentijs jacentibus vt prefertur Et quod est legitime etatis Et quod dicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba mansione et pertinentijs antedictis tenentur in capite de S. D. N. Rege et sue serenitatis successoribus et legitimis superioribus earundem in feudifirma et hereditate pro annua solutione summe viginti quatuor librarum monete huius regni Scotie ad duos anni terminos consuetos festa viz. Pentecostes et Sancti Martini in hieine per equales portiones nomine feudifirme vnacum duplicatione dicte feudifirme primo anno introitus heredis ad predictas terras aliaque predicta cum suis pertinentijs prout vsus est feudifirme tantum pro omni alio onere. Et quod eedem dicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba et mansione et pertinentijs antedictis tantum valent nunc per annum quantum valu- erunt tempore pacis Et quod dicte terre ecclesiastice viccarie ecclesie de Kinghorne
APPENDIX. 171
Eister cum gleba ruansione et pertinentijs antedictis sunt sicuti fuerunt in manibus quondam Catharine Inglis domine vitalis redditus seu conjuncte infeodatricis earun- dem per ipsam de S. D. N. Regi immediate tente a deeessu dicti quondam Davidis Browne sui mariti qui obijt in mense Maij anno Domini millesimo sexcentesimo quadragesimo tertio vsque ad mensem Martij vltimo elapsi Et debinc in manibus dicti S. D. N. Eegis superioris antedicti ratione nonintroitus in defectu dicti Davidis Browne tanquam veri heredis jus suum hucvsque minime prosequentis In quorum fidem testimonium sigilla quorundam eorum qui dicte inquisitioni intererant vnacum sigillo officii vicecomitatus antedicti et inclusione brevis regij clauso anno die et mense prescriptis presentibus sunt appensa Sic subscribitur J. LitilJohnne notarius publicus ac clericus vicecomitatus de Fyiff. — Reg. of Retours, vol. xix. fol. 296.
25 June 1648. — The Testament Testamentar, and Inventarie of the guidis geare and debtis of wmquhill Catharen Inglis, relict of wmquhill Dawid Browne of Viccars- graiuge, within the parochine of Kinghorne and shirefdome of Fyff, the tyme of hir deceiss, quha deceissit in the moneth of Mairch 1648 yeiris, ffaithfullie maid and gewin up be hir awine mouth speikaud, upon the 1st of Mairch 1648 yeiris, —
In the first, etc., viz., twa borsses by hir sonnes airschipe, pryce of them baith lx lib. Item, ane stott, pryce xxiiij lib. Item, thrie ky, pryce of the peice, xxiiij lib; inde, lxxij lib. Item, ane quey, pryce viij lib. Item, standing in the barne yaird, twa rickis of beare, estimat to xxiiij bollis, pryce of the boll, corne and fodder, vij lib. ; inde, iclxviij lib. Item, ane rick of aittis, estimat to xij bollis, pryce of the boll, corne and fodder, vj lib. xiij s. 4d. ; inde, lxxx lib. Item, ane rick of qubyt, estimat to vj bollis, pryce of the boll, x lib. ; inde, lx lib. Item, twa rickis of peis, estimat to x bollis, pryce of the boll, corne, and fodder, vj lib. ; inde, lx lib. Item, lyand in the barne, xv bollis aittis, pryce of the boll, vj lib. ; inde, lxxxx lib. Item, sawine upon the ground vj bollis peis, estimat to the fourt corne, extending to xxiiij bollis peis, pryce of the boll, corne and fodder, iiij lib. ; inde, lxxxxvj lib. Item, in wtenceilis and domiceilis, with the abulyiementis of hir bodie, estimat to xx lib.
Summa of the Inventarie, .... vijclxxxxviij lib. Ma debtis awand to the dead.
Debtis awand be Mr, gewin up be hirself. Item, to Christian Dawidsone of fie, viij lib. Item, to Matthew Hirdman, vj lib. ; to Jonat Elisone, xiij lib. ; to Marg* Duncane, v lib. ; to Jon Gib, xij lib. ; to Wm Mitcbelsone, xij lib. x s. ; to Marg* Heagie, iij lib.
Summa of the saidis debtis, ..... lix lib.
Summa of the Me geare, debtis deducit, . . . vijcxxxix lib.
Quhairof thair is na devisione.
Followis the nominatione and legacie. The quhilk day the said Catharen Inglis, being lying seik in bodie bot heall in mynd and spirit, and of a good and perfyt memorie, maid hir latter will and testa-
172 APPENDIX.
ment as followes : — Item, shoe leawes in legacie to Johnne and Christiane Brownes, hir bairnes, equallie betwixt them, hir severall guidis and geare abowe specifeit, and makis and constitutis them hir onlie executoris and intrometteris with her haill guidis and geare, and nominatis Eobert Browne of Fynmonth and Jon Browne, his brother, tutoris and owersearis to hir said bairnes. In witnes quhairof, the said Catharen Inglis gave command to me, notar publict, undersubscryveand, to subscryve for hir, becaus schoe was not able to wreit in respect of hir seiknes, day, yeire, and place foirsaidis, befoir thir witnesses, Jon Inglis, hir faither; Dawid Browne, hir eldest soune ; and Androw Symsone, sserwitour to me, notar publict : Sic subscribitur, ita est Thomas Allane, notarius publicus, de speciale mandato dicte Catharene Inglis scribere nescientis ut asseruit in respectu egeretudinis requisitus. Johnne Inglis, witnes ; Dawid Browne, witnes ; Androw Sympsone, witnes.
This present inventarie and testament beforwrettine, togedder with the execu- teris tharin constitut, is confirmat upoun the xxviij day of Junii 1648 yeires. The said Dawid Browne of Viccaris Grainge, in name of the executoris, being minoris, maid faith, etc., and protestit, and Johnne Inglis, in Kirkcaldie, is becwme cautiouner. The said David constitut to relet him, etc. — Commissariot of St. Andrews, vol. x.
Sasine of David Broun of Vicarsgrange, as son and heir of the deceased David Broun of Vicarsgrange, etc. Registered 22d July 1648.
This Inquisitioun was done in ane Sherefcourt of the Shirefdome of Fyiffe holdin within the Tolbuith of the burgh of Cupar, before Mr. David Weyms of Bal- farge, Shirefe of Fyiffe, the tuentie nyne day of May jmvjc fiftie fyve yeares, be vertew of ane dispensatioun grantit for that effect by thir guid and faithfull men of the natioun vnderwritten, to wit, Sr David Auchinmontie of that Ilk, knight, David Mackgill of Rankillour Nether, David Weyms of Fudie, David Broun of Fynmonth, Thomas Alexander of Skadowie, Bobert Barclay of Cullernie, George Moncreife of Beidie, James Mackgill, appeirand of Bankeillor Nether, Johne Moncreife of Croce- hills, Andrew Lundie of Cairn, Thomas Alexander, appearand of Skaddowie, Bobert Weyms, brother to the said David Weyms of Fudie, William Thomson of Newtoun, James Pitcarne, sone to the laird of Innernethie, David Walker of Daftmylne ; whilkis being sworne, declares that the deceist David Broun of Viccarisgrainge, brother to Johne Broun, now of Viccarisgrainge, beirer heirof, died last vest and seasit as of fie in peace, in all and haill the kirklandis of the vicarage of King- horne Easter, with the glybe and mansioun therof and haill pertinentis lyand within the parochin of Kinghorne and Shirefdome of Fyiff ; and that the said Johne Broun, now of Viccarisgrainge, is narrest and laufull aire to the said deceast David Broun of Vicarisgraiuge, his brother, of all and haill the said kirkland of the vicaradge of Kinghorne Eister, with the glybe and mansioun therof and haill pertinentis for- saidis lyand as said is ; and that he is of laufull age ; and that the said kirklandis of the said vicaradge of Kinghorne Eister, with the glybe, mansioun, and haill per-
APPENDIX. 173
tinentis forsaidis were lioldin of before of the late deceist and late kings, and now off Oliver, Lord Protector of the Comonwealth of England, Scotland, and Irland, and dominions therof, in place of the said late king, superior of the samene, in few ferae and heritage, for yearly payment of the sowme of tuentie foure pundis money of this natioun, at tua termes in the yeare, Witsonday and Mertimes in winter, he equall portiouns, in name of few ferme, with the duplication of the said few ferme the first yeare of the entrie of the aire or aires to the saidis landis, as vse is of few ferme, allenerlie for all maner of dewtie ; and that the samene landis of the said vicarage of Kinghorne Eister, with the glybe, mansion, and pertinents therof, lyand as said is, are now worth be yeare the few ferme dewtie forsaid and als mutch in tyme of peace and are lykways they have bene in the handis of the said Oliver, Lord Protector of the Comonwealth of England, superior therof in place of the said late king, coutin- wally since the deceis of the said vmquhill David Broun of Vicarisgrainge, his brother, wha deceist in the moneth of Aprill jmvic fiftie one yeares, extending to the space of foure yeares imediatlie last bypast or therhy, in default of him as richteous aire not persewing Ms right heirto. In faith and trewth of the whilkis the seales of the maist part of the forsaidis persones of inqueist with the said breife inclosit are heirto appendit and Sub* by James LitleJohne, Shirefe clerk of the said sherefdome, day, yeare, and moneth abovwritten. Sub1 thus, J. LitleJohne, notar publict and Sherefe clerk of Fyiffe. — Reg. of Relours, vol. xxii., fol. 102.
Ane seasing in favouris of Jon Broune after designed, registrat in the forsaid register the place befoir written upon the 14th day of November 1655 yeiris, in manner as followis, —
In the name of God, Amen : Be it known to all men be this present publict instrument, that upon the tenth day of November jmvj° fyftie five yearis, in presence of me, notary publict, and witnesses after specifiet, compeired personallie James Dennestoune, shereff depute of the Shrefdome of Eyff, quha past with Jon Broune, brother and air servit and retourit to the deceast David Broune of Vicarisgrange, and thair the said James Dennestoune, haveing and holding in bis handis ane pre- cept of seasing direct furth of the Chancellarie to the Sheriff of Fyff and his deputy to the effect underwritten, quhilk precept the forsaid Sheriff Depute gave to me, notar publict undersubscriband, to be read be me to the witnesses then present, of the quhilk precept of seasing the tennor follows : — Oliver, Lord Protector of the Comone Wealth of England and Ireland and the dominiones thereto belonging, to the Sheriff of Fyff and his Deputis greeting : Forsamikell as by ane inquirie maid by you at our comand and retoured to our chancellarie, it is maid known that the deceast David Broune of Vicarsgrainge, brother to Jon Broune, now of Vicarsgrainge, bearer heirof, dyed vest and seasit as of fie in peace, in all and haill the kirklands of Vicarsgrainge of Kingorne Eister, with the gleib and mansione house and haill per- tinents thairof, lyand within the parochine of Kingorne and your shirefdorne, and that the said Jon Broune, now of Vicarsgrainge, is neirest and lawfull air to the deceast David Broune of Vicarsgrainge, his brother, of all and haill the said kirk-
174 APPENDIX.
lands of Vicarsgrainge of Kingorne Eister, with the gleib, mansione, and all otheris pertinentis of the samyne lyand as said is [we command and charge, therefore, that on seeing these presents, ye forthwith give to the said John Broun, heritable seizin of the saids kirklands, etc.], without delay, saveing everie man's just right as accordis of the law, and having securitie of jcviijlb usual Scots money for the few price of the saidis kirklands of Vicarsgrainge of Kingorne foresaid, with the gleib, mansione, and of all otheris pertinentis thairof lyand as said is, being in our handis in place of the said lait king be the space of ffour yearis and ane third or thereby last bypast, seasing not being recovered, which few ferme extendis yerelie to tuentie ffour poundis money foresaid, and of fourtie eight poundis money for dupli- catione of the few fermes thairof now dew to us in place of the said lait king, and this on nawayes ye leave ondone, and thir presents efter the third we will shall be null. Gevin at Edinburgh the 15 day of November 1655 yeris, subscribed thus, J. Ichasone. Efter the public reiding of the said precept of seasing befoir witnesses, the said James Dennestoune, Scheriff deput forsaid, be wertew thairof and his office in that pairt, gave and delivered heretable stait and seasing corporale and reall, off all and haill the saidis Kirklandis of Vicarsgrainge of Kingorne foresaid with the gleib and mansione thairof, and haill pertinentis of the samen foresaid lyand as said is, to the said John Broune, as brother and air to the said deceast David Broune. — Particular Reg. Sas. Fife.
Sasine of John Broune, father brother to Johne Broune of Viccarsgrange, pro- ceeding on a letter of disposition and alienation made and granted by the said Johne Broune of Viccarsgrange to and in favor of the said Johne Broune his uncle, his aires, etc., off all and haill the kirklandis of Viccarsgrange of Kinghorne, etc., and all right the said John hes therto, reserving allwayes to him his lyferent of the saidis lands and fermes dureing all the dayes of his lyfetime, etc. Registered, 23 November 1663.
8 August 1671. — Decreet at the instance of Jonat Miller, relict of John Morris, merchant burgess of Kirkaldie, against John Broun of Vicarsgrange, for payment of 1000 merks due by him to her. — Acts and Decreets.
Hsec Inquisitio facta fuit in curia vicecomitatus de Fyfe tenta in pretorio burgi de Cupro decimo tertio die mensis Martij anno Domini millesimo sexcentesimo nonogesimo quarto coram Patricio Bruce de Bunzwne vicecomite deputato nobilis comitissse Margaretae Cornitissa? de Rothes et Hadingtone vicecomitisse principalis vicecomitatus de Fyfe per hos probos et fideles patrie viros subscriptos viz. : Andream Glasfoord scribam in Cupro, Josephum Knox ballivum dicti burgi, magis- trurn Jacobum Spence scribam ibidem, Robertum Gardiner mercatorem ibidem, Gulielmum Durie burgensem ibidem, Andream Bayrs burgensem de Cupro, Davidem Black scribam ibidem, Jacobum Oliphant scribam ibidem, Davidem Millar scribam ibidem, Gulielmum Mortimer scribam ibidem, Jacobum Blair burgensem dicti burgi,
APPENDIX. 175
Thomam Mortoun tenentem in Waltoun, Georgium Durie tenentem ibidem, Alexan- drum Hendersone in Wester Ballingall, et Alexandrum Norie mercatorem in dicto burgo de Cupro Qui jurati dicunt quod quondam Joannes Broun de Viccars Grainge pater Margarete Katharine et Christiane Brouns latricium presentium obijt vltimo vestitus et sasitus ut de feodo ad fidem et pacem quondam S. D. N. Caroli Secundi Dei gratia Magne Britannie Francie et Hibernie llegis beate memorie de totis et integris terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et mansione earundem et singulis suis pertinentijs Jacentibus in parocliia de King- horne et infra vicecomitatum de Fyf ; et quod dicte Margareta Katharina et Christiana Brouns latrices presentium sunt legitime et propinquiores heredes portionarie ejus- dem dicti quondam Joannis Broun suarum patris de totis et integris dictis terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et mansione earundem et singulis pertinentijs jacentibus ut prefertur ; et quod sunt legitime etatis ; et quod predicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba mansione et pertinentijs antedictis tenentur in capite de S. D. N. Eege et Begina et suorum successoribus immediatis et legitimis superioribus earundem in feudifirrna et here- ditate pro annua solutione summe viginti quatuor librarum monete hujus regni Scotie ad duos anui terminos consuetos festa, viz. Peutecostes et Sancti Martini in hienie per equales portiones nomine feudilirme una cum duplicatione dicte feudifirme primo anno introitus heredis aut heredum ad predictas terras aliaque predicta cum pertinentijs prout usus est feudifirme tantum pro omni alio onere etc. Et quod eedem dicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba man- sione et pertinentijs antedictis valent nunc per annum feudifirmam suprascriptam et tantum valueruut tempore pacis Et quod dicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba mansione et pertinentijs antedictis sunt sicuti fuerunt in mauibus dicti quondam S. D. N. Begis et nunc in manibus dictorum S. D. N. Regis et regine a decessu quondam predicti Ioannis Broun earum patris qui decessit decimo quinto die ruensis Kovembris anno Domini millesimo sexcentesimo septua- gesimo octavo Ac ita remanserunt per spatium quindecim annorum et quatuor men- sium vltimo elapsorum aut eo circa ratione non introitus in defectu dictarum Margarete Katharine Christiane Brouns verarum heredum jura sua hucusque minime prosequendum In quorum fidem et testimonium sigilla quorundam eorum qui dicte inquisitioni intereraut una cum sigillo officij dicti vicecomitatus et inclusione brevis regie clauso anno die et mense prescriptis presentibus sunt appensa sic subscribitur. Jo. Bayne, clericus. — Register of Retours, vol. xliii. fol. 454.
XII. 12 June 1641. — Betour of the special service of Eobert Broun, now of Fyn- month, as lawful and nearest heir of the deceased David Broun of Fynmonth, his father, to an annualrent of £100 Scots furth of the mains and barony of Durie, in the shire of Fife, in which his said father died last vest and seized ; holding in chief of Sir Alexander Gibson of Durie, Knight, in fee and heritage and free blench : the said annualrent having been in the hands of the said superior since the decease of the said David Broun, which took place in October 1639. — Register of Retours, vol. xxi. foL 180.
176 APPENDIX.
XIII. Tins inquisitioun was maid in ane Scherefcourt of the Scherefdome of Fyiffe, holdin within the Tolbuith of the burgh of Cupar, before Mr David Weymes of Balfarge, Sherefe of Fyiff, the fourteine day of Februar jmvje fiftie foure yeares be thir guid and faithfull men of the natioun vnderwritten, to wit, Sr Johne Aitoun, of that Ilk, knight ; William Pitcarne of that Ilk, Sr David Sibbald of Eankeillor, knight barronit, Sr Jon Lelie of JSTewtoun, knight, Eobert Patersone of Dynmure, David Mackgill of Nether Eankeillour, David Weymes of Fudie, Gawin Weymes of Vnthank, David Balfoure of Sandfurd, Alexr Inglis of Kingask, Jo11 Oliphant, por- tioner of Carpow, Stevine Patersone, brother to the laird of Dynmure, David Lundie of Drummes, Lawrence Oliphant of Condie, Johne Orok, brother to the laird of Orok; wha being sworne declares that the deceast Eobert Broun of Finmonth, father to David Broun, now of Finmouth, beirer heirof, died last vest and seasit as of fie in peace, in all and haill the west halfe of all and sindrie the landis of Finmonth, with houssis, Diggings, yardis, tofts, croft, outsetts, annexis, connexis, pasturages, cottages, and haill pertinentis therof lyand within the regalitie of Dumferling, parochin of Kingask and Sherefdome of Fyiffe ; and that the said David Broun is narrest and laufull aire to the said deceast Eobert Broun of Finmonth his father, off all and haill the said west halfe of all and sindrie the saidis landis of Finmonth, with houssis, biggings, yardis, tofts, crofts, outsets, annexis, connexis, pasturages, cottages, and haill pertinentis therof lyand as said is, and that he is of lawful age ; and that the said west halfe of all and sindrie the saidis landis of Finmonth, with the per- tinentis forsaidis, wes holden of before of the late deceist King Charles, therefter of the late king, and now of Oliver, Lord Protector of the Commonwealth of Ingland, Scotland, and Irland, and dominions therof, in place of the said late king, in few ferme and heritage, ffor yearlie payment of the sowme of tuelfe merks, as the iust and equall halfe of the sowme of tuentie foure merkis as the haill few dewtie of the saidis landis of Finmonth vsit and wont, at tuo termes in the yeare Witsonday and Mertimes in winter, be equall portiouns, togither with the double of the said sowme of tuelfe merkis of few ferine forsaid at the entrie of the aire or aires to the saidis halfe landis, with the observatioun and fulfilling of all vtheris claussis, conditiouns and restrictiouns conteined in the said deceast Eobert Broun his chartoris and infeft- ments of the said halfe landis ; and that the samene west halfe of all and sindrie the saidis landis of Finmonth are now worth be yeare alsmeikell as the samene were worth in tyme of peace ; and is lyk as it lies bene in the handis of the said Comon- wealth of England continuawly since the deceas of the said vmquhile Eobert Broun of Finmonth, father to the said David Broun, now of Finmonth, wha deceast in the moneth of December jmvje fiftie one yeares, extending to the space of tua yeares and one moneth last bypast or therby, in default of the said David Broun, now of Fin- month, as righteous aire not persewing his richt heirto. In faith and treuth of the quhilk the severall seales of the maist part of the fornamet persones of inqueist with the breife inclosit are heirto appendit and Sub* be James LitleJohne, Sherefe clerk of the said Sherefdome of Fyiffe, day, yeare, and moneth abovewritten Sub' thus, J. LitleJohne, notar publict and Sheref clerk of Fyiffe. — Register of Retours, vol. xxiv. fol. 131.
APPENDIX. 177
This inquisition was made in ane Sheref Court of the Sherefdome of Fyiff, holden vvithin the Tolbuith of Cupar, before Mr. David Wemys of Balfarge, Sherefe of Fyiff, the fourtene day of Februar, Jmvic fiftie foure yeares, be thir guid and faithfull men of this natioim vnderwritten, to wit, Sr Johne Aitoun of that Ilk, knight; William Pitcame of that Ilk; Sr David Sibbald of Eankillor, knight baronit ; Sr Johne Leslie of Newtoun, knyght ; Bo* Patersone of Dinmure, David Mackgill of Nether Ean- killor, David Weymes of Fudie, Gawin Weyms of Vnthank, David Balfoure of Sand- furd, Alexr Inglis of Kingask, Johne Oliphant, portioner, of Carpow ; Stephane Patersone, brother to the said Eo* Patersone of Dynmure ; David Lundie of Drummes, Lawrence Oliphant of Condie, Johne Orrok, brother to the laird of Orrok ; wha being sworn, declares that the deceast David Broun of Finmonth, guidsir to David Broun, now of Finmonth, bearer heirof, died last vest and seasit as of fie in peace, in all and haill the eist half of all and sindrie the landis of Findmonth, with the maner place therof, tofts, crofts, outsets, annexes, connexes, pasturages, partis, pendicles, and pertinentis therof, lyand within the parochin of Kinglassie, regalitie of Dunfermling, and sherefdome of Fyiffe ; and siclike in all and haill, the toune and landis callit Eoyallie, lyand on the south syde of the water of Levin, with the haill parts, pendicles, and pertinents therof lyand within the baronie of Kirknes and Sherefdome of Fyiff, boundit as follows : — Beginand at the water of Levin and therfra southwardis, ane strype that runs betwixt the Wilsibertoun and the Eoyallie to the march of Gaitmilk called the Blaidflet, and west therfra as the strip runs to the march of Finmonth, and therfra west as the strype runes betuixt Finmonth and Eoyallie to the eist end of the vttermos of Auchmoore, and north therfra as the march stane gangs doun the west syde of the Eoyallie know till ane syik, and eist as the syik gangs till the Cadjargat, and north as the samene runes in Levin : and that the said David Broun is narrest and laufull aire to the said deceast David Broun of Finmonth, his guidsir, of all and haill the said eist halfe of all and sindrie the said landis of Finmonth, with the maner place, yardis, tofts, crofts, outsets, annexis, con- nexis, pasturages, partis, pendicles, and haill pertinentis therof, lyand as said is ; and also, of all and haill, the toune and landis callit Eoyallie, lyand on the south syde of the said water of Levin, with the haill parts and pendicles therof, lyand within the baronie of Kirknes, and boundit as aforsaid ; and that he is of laufull age ; and that the said eist halfe of all and sindrie the saidis landis of Finmonth, with the maner place, tofts, crofts, annexis, connexis, outsets, pasturages, partis, pendicles, and pertinentis, lyand as said is, was holden of before of George, Comendator of the monestrie of Durnferling, therefter of the late deceast king, therefter of the late king, and now of Oliver, Lord Protector of the Comonwealth of Ingland, Scotland, and Irland, and dominions therof, in place of the said late kings, in cheife, in few fernie and heritage, for yearlie payment of the sowme of twelfe merkis vsuall money of this natioun, as the equal! halfe of tuentie-foure merkis money forsaid, as the haill few dewtie of the saidis landis of Finmonth vsit and wont, at tuo termes in the yeare, Witsonday and Mertimes, be equall portiouns, in name of few ferme, togither with the double of the said tuelfe merkis, at the en trie of the aire or aires of the said eist
z
178 APPENDIX.
halfe of the saidis laudis of Finmonth, with the observatioun and fulfilling of all vthers claussis, conditiouns, and restrictioun conteined in the said vmquhill David Broun of Finmonth, guidschir to the said David Broun, now of Finmonth, his char- toris of the forsaidis landis, conforme to the tennor of the samene : And that all and sindrie, the said toune and landis callit Royallie, lyand on the said south syde of the said water of Levin, with all and sindrie partis and pendicles thairof, boundit as said is, were holden of before of the pryoris of Sanct [Serf], within Lochlevin, and principall master of Saint Leonard's Colledge in Saint Andros, and of the remanent masters, regents, and vther memberis of the said colledge ; therefter of the late deceast kings, therefter of the late king, and now of the said Oliver, Lord Pro- tector of the Comounwealth of Ingland, Scotland, and Irland, and dominions therof, superior therof in place of the said late king, in few ferme and heritage, ffor yearlie payment of the sowme of tuentie shiling, vsuall money of this realme, at tua ternies in the yeare, Witsonday and Mertimes in winter, be equall portiouns, with ariadge and cariage pro rata vsit and wont, with the doubling of the said few dewtie the first yeare of the entrie of the aire or aires to the saidis landis, with the observatioun and fulfilling of the vtheris claussis, conditiouns, and restrictiouns conteined in the said deceast David Broun of Finmonth, his chartoris of the forsaidis landis ; and that the forsaid halfe landis of Finmonth and halfe landis of Royallie, are now worth be yeare alsmeikle as the samene were worth in tyme of peace, and are, lykas they have bene, in the handis of the said late deceist King Charles, and in the handis of the said late king and Comonwealth of Ingland, respective, continwaly since the decease of the said vmquhill David Broun of Finmonth, guidsir to the said David Broun, now of Finmonth, wha deceist in the moneth of October Jmvic threttie nyne yeares, extending to the space of fourteine yeares and thrie moneths last by past, or therby, in default of the said David Broun, now of Finmonth, as righteous aire, not per- sewing his right heirto. In faith and treuth of the whilkis the severall seales of the maist part of the fornamed persones of inqueist, with the breife enclosit, are heirto appendit and sub* be James LitleJohne, Sheref-clerk of the said Sherefdome of Fyffe. day, yeare, and moneth abovewritten. Sub* thus : J. LitleJohne, notar publict, and Sheref-clerk of Fyiffe. — Register of Retours, vol. xxiv. fol. 132.
1st August 1654. Tutela, xxi. 336.
This Inquisition wes done in ane Shreff-court of the Sherifdome of Fyffe, holden within the Tolbuith of the burghe of Cupar, befor Mr. Dauid Weymes of Balfarge, Shereff of Fyffe, the first day of August jmjvjc fiftie four yeirs, be dispensatione anent the tyme of vacance be thir good and faithfull men of this nation underwritten, too witt, James MckGill of Nether Rankeilour; Gawine Weymes of Unthank; David Weymes of Fudie ; David Beattoune, fiar of Bondoie ; Mr. John Weymes, brother to the Laird of Fingask ; George Orme, portioner of Newbarne ; William Schaw of Lethangie ; Andro Lundie of Carie ; Mr. David Methven of Craigtoun ; Alexander
APPENDIX. 179
Luiklow, burgess of Cupar; Andrew Greg, thair; Johne Geddie, wryter, thair ; William Clephane, thair ; James Luiklow, thair ; and Eichard Mylne in Balmedie : quha being sworne, declair that David Broune of Finruonth is neirest agnett, that is to say, neirest of kine on the father syde to Jon Broune, lawful sone to the deceast Sir Jon Broune of Fordell, knight, and that he is ane provident manager of his own affairs, and able to advert to the due administratione of other men's affaires ; and that he is past the age of twentie fyve yeris compleit, and that the said David Broune is not neirest to succeed to the said Jon. Broune in caise of his decease, in respect Antonia Broune, his sister, will succeid to him in cais of his deceis : In faith and treuth of the quhilkis the severall sealls of the maist part of the forsaids persones of inquest with the said breiff inclosit are here appendit, and subscrywit be James Litilljon, Shereff-clerk of the said Sherffdome, day, yeir, place, and month above wryttin. Subset, thus — John Littiljohne, notter publict and Shrff-clerk off Fyffe.
15th January 1668. — Bond by Patrick Wemyss of Gladnie, and John Broun in Linktoun of Abbotshall, his uncle, to Mr. George Mackenzie, advocate, for 1000 merks, Edinburgh, 25th November 1665 ; witnesses, David Broun of Finmouth, and Andrew Lundie his brother-in-law. — Commissariot of St. Andrcivs, Deeds.
22d October 1669. — Action by Margaret Sharp, relict of John Gourlay, apothe- cary in Elie, against Mr. George Broun at Balbirnie, David Broun of Finmonth, Gilbert Broun in Kinglassie, and others, for debts due to her late husband. — Ibid.
At Edinburgh, 3d August 1697. — Ratification and discharge, David Broun of Phynmonth to Adam Gardine of Greenhill, of ane process of apprysing of the lands of Eylla and pertinents, dated 7th and 14th June last : " Be it kend till all men be their present letters, Mr. David Broun of Phinmonth, fforasmeikle as I be my band and obligation subscryved be me of the date the tuentie day of January 1652, for the causes therein specifiet, band and obleidged me, my airs, and executours, etc., to have contented and payed to Christian Broun, lawful sister to John Broun of Viccarsgrange, her airs, etc., all and haill the soume of ffour thousand merks Scots money as princi- pal!, three score of pounds money forsaid, as for the aunualrent thereof." Christian and John Bruce of Wester Abden, her spouse, through a court of apprising, 4th June 1658, " obtained all and haill my lands of Phinmonth, the lands of Eeidwells, and the lands of Eylla, with all and sundrie their manor places ... all were duly and lawfully apprysed from me, the said David Broun," etc. The principal sum and expenses amounted to 4580 merks ; Christian Broun and her said spouse transferred their right, 31st January 1658, to James Melville, merchant burgess of Edinburgh; Melville, on 3d November 1664, sold his right to Mary Davidson, relict of the deceased James Broun, surgeon, burgess of Edinburgh ; the said Mary disponed the whole to Adame Gardine of Greenhill, chirurgion, burgess of Edinburgh, who obtained a charter of the lands of Eylla 14th February 1673 : the said David Broun ratifies and approves of the said process in as far as concerns the lands of Eylla allenarly.
180 APPENDIX.
XIV. Haec Inquisitio facta fuit in pretorio burgi deDumfermline decimo quarto die ruensis Decembris anno Domini millesimo septingentesimo quinto coram honorabili viro Gulielmo Black balivo deputato regalitatis de Dunfermling virtute brevis a can- cellaria S. D. N. Eeginae balivo dictae regalitatis et deputatis suis ad effectum sub- scriptum directe per hos probos et fideles patriae viros subscriptos viz* Hieronimum Cowie decanum Gildae de Dumfermline, Jacobum Wellvvood in Northferry, Alex- andrum Calum in Woodmilne, Henricum Orrock mercatorem in Dumfermline Joannem Thomsone fabrum lignarium ibid., Gulielmum Hattone fabrum lignarium ibid., Joannem Rutherfoord de Navity, Joannem Jamisone in Dumfermline, Eobertum Stirling fabrum lignarium in Pittencreiff, Joannem Barrowman in New- milne, Jacobum M'Beath in Dumfermline, Jacobum Pringle mercatorem burgensem ibid., Davidum Meldrum mercatorem burgensem ibid., Joannem Black tenentem in Coldenbeath, et Alexandrum Smith incolam in Dumfermling Qui jurati dicunt magno Sacramento interveniente quod quondam David Brown de Phinmonth patruus Georgii Brown filii legitimi natu maximi quondam Magistri Jacobi Brown ministri verbi Dei apud East Calder latoris presentium obiit vestitus et sasitus ut de feodo ad fidem et pacem S. D. N. Annae Eeginae, in tota et integra orientali dirni- dietate totarum et integrarum terrarum de Phinmonth cum manerei loco ejusdem toftis croftis outsettis aunexis connexis pasturagiis cottagiis et universis partibus et pendiculis et pertinentiis ejusmodi necnon in tota et integra occidentali dimidietate totarum et integrarum predictarum terrarum de Phinmonth cum domibus edificiis hortis toftis croftis outsettis annexis connexis pasturagiis cottagiis et universis perti- nentiis ejusmodi jacentibus infra parochiam de Kinglassie regalitatem de Dumferm- line et vicecomitatum de Fife Et quod dictus Georgius Brown est legitimus et pro- pinquior haeres dicti quondam Davidis Brown ejus patrui cum beneficio inventarij secundum actum parliamenti nuper eatenus confectum Et quod est legitimae aetatis Et quod predictae terrae cum pertinentiis suprascriptis valent nunc per annum feudifirmae divoriae subscripts Et tantum valuerunt tempore pacis Et quod predictae orientales et occidentales dimidietates dictarum terrarum de Pbinmount cum pertinentiis earundem supraspecificatis tenentur in capite de S. D. N. Eegina tanquam Domina Dominii de regalitatis de Dumfermling ejusque majestatis successoribus immediatis legitimis superioribus ejusmodi in feudifirma feodo et hereditate in per- petuum pro annua solutione illis feudiferme divoriarum subscriptarum viz. pro dicta orientali dimidietati predictarum terrarum cum pertinentiis summa duodecim mere- arum monetae Scotiae et pro dicta occidentali dimidietate predictarum terrarum cum pertinentiis similis summa duodecim mercarum monetae predictae extendentes in integrum ad summani quatuor et triginti mercarum nomine feudifirmae una cum dupli- catione dicte feudifirmae ad introitum cujuslibet heredis seu heredum in et ad predictas terras cum pertinentiis prescriptis, et observando et implendo omnes alias clausas conditiones et restrictiones in originalibus cartis et infeofamentis dictarum terrarum contentas Et quod dictae orientalis et occidentalis dimidietates predictarum terrarum de Phinmount sunt sicuti nunc fuerunt in manibus S. D. N. Eeginae ratione non introitus conlinuo a deeessu quondam Davidis Broun patrui dicti Georgii Broun
APPENDIX. 181
qui obiit vigesimo septimo die Augusti anno Domini millesimo septingentesimo secundo Et sic per spatium trium annorum et trium mensuum aut eo circa in defectu dicti Georgii Broun jus ejus hucusque minime prosequentis Et quod dicta orientalis dimi- dietas dictarum terrarum de Phinmonth cum pertinentiis est sicuti quibusdam preter- itis annis possessa et divoriae ejusdem levatae fuerunt per Gulielmum Kelso de Daukeith ejusque authores tanquam appreciatores predictarum integrarum terrarum In cujus rei testimonium sigilli quorundam eorum qui dicte inquisitioni intererant sub inclusione sigilli dicti ballivi deputati necnon sub subscriptione Roberti Walker notarii publici ac clerici deputati dicte regalitatis (brevi regio incluso) presentibus sunt appensa sub anno die mense locoque prescriptis. — Reg. of Retours, 14th December 1705.
Disposition by William Kelso of Dankeith, writer to the signet, with consent of Francis Dunlop of that Ilk, heir served and retoured to his deceased brother, John Dunlop of that Ilk, and the said Francis Dunlop, with consent of the said William Kelso, narrating that in a contract between the deceased John Dunlop and William Brugh in Kirkcaldy, also deceased, dated 13th August 1694, registered in the Books of Council and Session 1st August 1695, Dunlop, as heritable proprietor of the lands of Finmonth, with the teinds and pertinents, agreed to sell to Brugh, at a rental of three chalders victual and one hundred merks per chalder, and five hundred merks rent yearly for stock and teind, the lands of Beidwalls, to be disponed in warrandice. William Brugh, by disposition dated 17th March 1699, registered in the Books of Council and Session 23d June following, constituted his eldest son, David Brugh of Finmonth, his cessioner of the sums paid to Dunlop. Controversies having arisen between them, the case was submitted, on 2d March last, to Mr. Robert Alexander of Blackhouse, advocate, and Mr. Duncan Forbes, advocate, who, by decreet arbitral of 21st June, decerned and ordained that Kelso and Dunlop should ratify, dispone, etc., to Brugh the said lands of Finmonth called Easter Finmonth, Brugh to pay £1439, 16s. Scots, in addition to 10,000 merks formerly paid by William Brugh to John Dunlop, being the full price of the lands ; this being paid, and mutual discharges granted, Easter Finmonth is disponed, and the contract ratified 28th July 1715.
XIV. Trust-Disposition by David Brown, merchant in Edinburgh, and Margaret Eussell, his spouse, narrates that by their contract of marriage, dated 1727,
certain subjects and sums of money are provided to her in liferent in case she survive her said husband, and to the children procreate of the marriage in fee ; but in case of her entering into a second marriage while children existed of the first, then her liferent annuity is restricted to 600 merks yearly ; that the whole household furni- ture, etc., which should pertain to the said David Brown at the time of his death, is assigned to his said spouse ; that there are existing the following children of the marriage — Jean, John, David, Robert, George, and Andrew Browns; that it is reasonable to prevent any disputes that might occur after the death of the said David Brown between his widow and children : he therefore dispones to the said
182 APPENDIX.
Margaret a free liferent annuity of £44 sterling, but to be restricted to 600 nierks if she marry a second husband, a shop in Paterson's Court disponed to her by her grandmother, Margaret Russell, and all his household furniture ; the said Margaret accepts this in full of all she can ask or claim in virtue of the said contract of marriage ; under the above reservations, etc., the said David Brown dispones to the said Margaret Russell, Mr. James Brown, minister of the Gospel at Melrose, Bailie Andrew Wardrope, merchant in Edinburgh, Mr. Joseph Williamson, advocate, John Todd, ship carpenter in Leith, Walter Gibson, surgeon there, Robert Cleugh, merchant in Edinburgh, and John Fraser, writer there, as trustees, his houses, shops, etc., in Edinburgh, large house and ground, etc., adjoining at Bruntsfield Links, reserving his own liferent and full power to alter the disposition ; power is given to the trustees to sell, to divide equally among his children, and to give to his eldest son £100 sterling more than his equal share ; mentions that his daughter Jean was spouse of John Fraser, writer in Edinburgh, and that he had given a bond to them for £200 as her tocher, etc. Dated at his house at Bruntsfield Links, commonly called Golf Hall, 3d July 1749, recorded in the Burgh Court Books of the city of Edinburgh 16th November 1751.
Trust-Disposition and Settlement of John Fraser, Writer to the Signet, 7th May 1788, narrates that by his contract of marriage, dated 30th October 1744, with Jean Brown, daughter of the now deceased David Brown, merchant in Edinburgh, he became bound to settle £500, including her tocher of £200, upon self and said spouse and the longest liver, in conjunct fee and liferent for her liferent use allenarly and upon the children of the marriage in fee ; and to provide half of the conquest to be acquired during the marriage in the same way, the other half being provided to him and his heirs and assignees ; that he had power to divide the above sums as he should think proper among the children ; that he had provided to his wife in life- rent, and his deceased eldest son John in fee, a dwelling-house in Milne's Court, purchased from Bailie Charles Hope, merchant in Edinburgh, 1750; dispones in trust to said spouse, Mr. Simeon Fraser, merchant in London, his brother-germau, Mr. David Johnston, minister of the Gospel in North Leith ; Mr. James Beveridge, writer in Edinburgh ; and Mr. John Hepburn, accountant in the Excise Office, Edin- burgh, his whole estate, heritable and movable, except the liferent of said house ; his household goods, plate, china, etc., including heirship movables, which he con- veys to his wife in case she survives him, and her heirs and assignees, in absolute property; two shops in the Lawnmarket, which had been disponed to his wife in liferent and their daughter Margaret in fee ; the fee of the Milne's Court house had been disponed to his daughters Jean and Anna, The trustees are to pay his widow £120 yearly for life, to be restricted to £60 should she marry, residue to be divided in four equal portions among his children Margaret, Jean, spouse of Mr Robert Walker, minister of the Gospel in Canongate ; Ann, spouse of John Rae, dentist and surgeon in Edinburgh, and Simon Fraser ; but as Simon is unfit for the management of his own affairs, provision is made that the trustees provide for his aliment, cloth-
C R O K A T.
*^*
Argent, a Cheveron between two Mullets azure and a Crescent gules.
(Illuminated MS. in the Lyon Office, of the reign of Queen Mary.)
SCOTtiFESCUSOU EDINBURGH
APPENDIX. 183
ing, etc., he not to have any right to dispose of the capital, unless he should recover. Mrs. Walker had received £500 tocher; and Mrs. Rae £200, 18s., which sums are to be deducted from their shares, etc. etc. By a codicil, 28th February 1704, he added William Keith, accountant in Edinburgh, to the number of trustees. — Eegistered in Books of Council and Session, 21st August 1795.
XV. Letter, dated Edinburgh, 28th November 1774, from Bailie John Bkown, to his wife's cousin, Thomas Brown, Esq. of Johnstonbum.
(Original in the possession of Archibald Brown of Johnstonbum, Esq.)
Dear Sir, — I received your friendly letter, and thank you most sincerely for the consent contained in it. My nephew, Mr. John Fraser, merchant in Gothenburg, who has carried on an extensive and advantageous trade at that place for several years past, is presently here, and intends to settle here ; at the same time to continue busi- ness in partnership with Mr. Scott, who is to reside at Gothenburg.
I manage the whole money matters for that house, which is very extensive, and as I am more naturally connected with them by being often large sums in advance (at the same time the connection is very beneficial to me), makes me wish that Mr. Fraser's security and relieff with me may be agreeable to you.
I wish it may be convenient for you to be soon in toun. A very slight survey of my books will verify the ample transactions which pass between us ; at the same time, if you desire it, I know Mr. Joseph Williamson, advocate, will join in the relief, or I can give you heritable security on subjects in toun or at Brun.tsfield Links, independent of the houses at Water of Leith ; but I hope you will think this unneces- sary, as the annual ballance due by me on the last year's acco* was only £135, and the former year not so much, and in no year extending to £200, although security is found for four.
Pray inform me if you have any view of being in toun this week, as my son seems to insinuate.
We all join in our best wishes for Mrs. Brown and the family.
I am, particularly, dr Sir, yours sincerely,
Jo. Brown.
Thomas Broun had sold the property at the Water of Leith, alluded to in the above letter, to the writer of it. It had belonged to Thomas Crockat of Johnstoun- burn, and in 1765 his grandson, the said Thomas Broun, and John Broun, on the conclusion of the transfer, grant a joint discharge to James Balfour, writer in Edin- burgh, factor on the estate of Thomas Crokat, of his intromissions.
The family of Crokat bore for arms, according to an illuminated MS. in the Lyon Office, compiled in the reign of Queen Mary, argent, a cheveron azure between two
184 APPENDIX.
mullets of the second in chief, and a crescent gules in base. They were originally- seated in Dumfriesshire. Andrew Crokat was, in 1384, one of the chaplains of Sir James Douglas of Dalkeith and Morton, and was named by him one of his executors, 1390 ; he was rector of Kilbucho and Corry. In 1585, John Crokat in Erneamery, in the parish of Crossmichael, appears in the list of persons who had intercommuned with the Earl of Morton. At a later period persons of the name held the lands of Culphad and Clouden. In Edinburgh the name occurs frequently as that of mer- chants of position who were magistrates of the city. Charles Crokat was a bailie, 1724, 1728, 1731, 1734 ; William Crokat held the same office, 1732, 1736.
James Crokat, a merchant burgess in Edinburgh, and a bailie in 1712, married, 21st August 1684, Janet Murdoch, and had —
1. Thomas Crokat of Johnstounburn, in East Lothian, merchant burgess of
Edinburgh, bailie in 1728, 1731, 1735,1738, and Dean of Guild, 1740, 1741. He married, first, a lady named Ewen; secondly (contract dated 11th November 1724), Violet, daughter of Patrick Sheills, writer in Edinburgh, and Violet Young, his wife ; thirdly, Mary Cave. In April 1764 he executed a mortification of a sum of 10,000 merks to Trinity Hospital, Edinburgh, to be devoted, after the decease of himself and his spouse, Mary Cave, to the support of old men and women ; his own nearest of kin to be preferred, and after them persons of the surname of Crokat, Ewen, Shields, Cave, Brown, Murdoch, Ker, and Young. His only child, Elizabeth Crokat, married (contract, 2 2d August 1733) Andrew Brown of Braid, near Edinburgh, and had one son — Thomas Broun of Braid and Johnstounburn, who married Agnes, daughter of John Hamilton of Grange, in West Lothian, and Jean Stuart, his wife, daughter of Lord Blairhall, younger brother of the first Earl of Bute. Their son, Captain Andrew Broun of Johnstounburn, B.N"., married Helen, daughter and heir of Thomas Campbell, brewer in Edinburgh, and had — Thomas Hamilton Broun of Johnstounburn, d.s.p. 1830 ; and Archibald Broun of Johnstounburn, advocate, Principal Clerk of Session, and Deputy-Lieutenant of the county of Haddington who is married, and has issue.
2. James Croket, merchant in Edinburgh, and a bailie.
3. Patrick Crokat, merchant in Edinburgh.
1. Elizabeth Crokat, married Thomas Young, brewer in Edinburgh.
2. Jean Crokat married, first, William Wilson, Writer to the Signet ; second, in
1727, Mr. George Arbuthnot, Rector of the High School of Edinburgh, and afterwards a merchant there.
3. Janet Crokat, married, 1721, James Watson, merchant in Edinburgh and a
bailie, admitted a burgess, 1714. Had issue —
William Watson, a Bussia merchant, died unmarried. Margaret Watson, married, 10th December 1751, John Brown of Golf Hall, merchant burgess of Edinburgh, and a magistrate.
BROUN OF JOHNSTOUNBURN
(County Haddington, formerly of Braid and Gorgie Milne, County Edinburgh.)
Azure, a Fess Vair between three Fleurs-de-lis argent. {Lyon Register, 24//Z Noiember 1674.)
scon l rtRCUSUIl EDItlOURG
APPENDIX. 185
21 March 1780. — Haec inquisitio facta fait in Curia Balivatus burgi de Edin- burgo tenta in nova Sessionis Domo dicti burgi coram honorabili viro Archibaldo McDowall uno balivorum dicti burgi vigesimo primo die Martij millesimo septin- gentesimo et octogesimo per hos probos et fideles homines patriae viz* Eobertum Gray scribam in Edinburgo cancellarium, Joannem Watson, Jacobum Reach, Carolum Leslie, Gulielmum Eichardson, Antonium Woodhead, Joannem Hamilton, Joannem Eiston, Samuelem Watson, Gulielmum Walker, Eobertum Boyd, Jacobum Bae, Guliel- mum Sprott, Edwardum Young et Jacobum Shaw, omnes scribas in Edinburgo : Qui jnrati dicunt magno sacramento interveniente quod quondam David Brown locum tenens in nostra classe frater germanus Joannis Brown mercatoris in Edinburgo latoris praeseDtium obijt ad fidem et pacem nostram ; et quod dictus Joannes Brown est unicus frater germanus nunc in vita et legitimus et propinquior heres dicti quon- dam Davidis Brown sui fratris ; et est legitimae aetatis. In cujus rei Testimonium sigilla eorum qui dictae inquisitioni intererant cum brevi regio debite executo incluso sub communi sigillo dicti burgi in signum executionis officij dicti balivi praesentibus sunt appensa loco die mense et anno prrescriptis Extractum de libris Actorum Curie dicti Burgi per me sic subscribitur James Tait Dep*. — Register of Retours, vol. lxxxiv. fol. 154.
Trust-Disposition and Settlement of Thomas Brown, formerly of St. Petersburg , merchant, now residing in Edinburgh, lawful son of the deceased John Brown, mer- chant in Edinburgh. He dispones to Walter Gibson C'assels, manager for the National Bank of Scotland at Leith ; John Christison, advocate ; John Eiddle Stodart, Writer to the Signet ; and Eobert Christison, Professor of Medical Juris- prudence, all in Edinburgh, his house in Edinburgh, and all his property, the income to be paid to his brother James and sister Mary, during their lives, the fee to the children of his brother David and his wife Hannah Cassels, and the children of his sister Henrietta, deceased wife of Alexander M'Brair, merchant in Glasgow. — At Edinburgh, 21st February 1827. There are codicils of various dates leaving an annuity to his sister-in-law, Mrs. David Brown, bequests to Dr. Alexander Tweedie and his family, Dr. Eobert Christison and his family, his nephews Andrew Cassels Brown and David Brown, John Eiddle Stodart and his family, William Anderson and his family, John Christison, advocate, old servants, and others. Eecorded in the Commissary Court Books of Edinburgh, 18th October 1851. Probate granted in the Prerogative Court of Canterbury, 14th November following. The deceased died on or about 19th September 1851.
Inventory of £800 Stock of the Friendly Insurance Company, belonging to Miss Mary Brown, residing in Gayfield Square, Edinburgh, and sold by her in 1844.
1. Certificate of said stock in favour of Margaret Eussel, relict of David Brown, merchant in Edinburgh, dated 10th January 1761.
2 A
186 APPENDIX.
2. Extract Disposition, said Margaret Eussel to John Brown, her eldest son, dated
11th April 1775, and registered in the Burgh Court books, 10th June 1786.
«
3. Extract Disposition and Settlement, said John Brown to trustees, dated 1st March
1776, and registered in the Burgh Court books, 14th June 1780.
4. General Eetour of the service of David Brown, eldest son of said John Brown, as
heir to his father, 28th December 1784.
5. Extract Disposition by said David Brown to himself and others as trustees of his
father, dated 25th October ; and recorded in the Sheriff Court books of Edin- burgh, 9th December 1788.
6. Discharge and Eatification by said David Brown and others to said trustees, and
disposition to Misses Jean and Mary Brown, 1804.
7. Extract Disposition and Settlement said Jean and Mary Brown to the longest
liver, dated 23d February 1825 ; and recorded in the Books of Council and Session, 11th January 1827.
Inventory of the Title-Deeds of House in Wardrope's Court, Edinburgh, Sold by Miss Mary Brown, 1844, to Misses Donaldson.
1. Disposition by John Henderson, wright in Edinburgh, in favour of Jean Morton, relict of John Eussel, merchant in Edinburgh, dated 30th January 1722.
2. Extract Eegistered Disposition granted by John Eussel, merchant in Edin- burgh, the son of the said Jean Morton, who acquired right thereto from her by dis- position recorded in Town Court Books of Edinburgh, 1st January 1735, in favoirr of David Brown, merchant in Edinburgh, dated 1st, and recorded in said Court books 2d January 1735.
3. Instrument of Sasine following thereon in favour of said David Brown, dated and recorded 2d January 1735.
4. Certificate of Policy of Insurance of said subjects in favour of Margaret Eussel, relict of David Brown, merchant in Edinburgh, 10th January 1761.
5. Extract Disposition, Mrs. Margaret Eussel, relict of said David Brown, in favour of John Brown, her eldest son, dated 11th April 1775, and registered in the Burgh Court Books, 10th June 1786.
6. Extract Disposition of said David Brown, as No. 5 of previous inventory.
7. Instrument of Sasine following thereon, dated 30th September, and recorded 7th October 1791.
APPENDIX. 187
The original inventory is signed at Lauriston, 2 J February 1802, by David Brown, merchant in Edinburgh.
In 1801 the trustees of said John Brown conveyed the house to his daughters Jean and Mary.
A memorial, 1841, for a charter of novodamus in favour of Miss Mary Brown, mentions that she was grand- daughter of David Brown who had sasine in 1735, and that no sasine of later date had been taken.
Trust-Disposition and Settlement of Miss Jean and Miss Mary Brown, residing in Gayfield Place, Edinburgh, daughters of the deceased Mr. John Brown, merchant in Edinburgh. They convey all their property to the survivor, in case she shall not dispose of her means by will ; then they name Mr. Thomas Brown, their youngest surviving brother ; Mr. Walter Marshall, jeweller in Edinburgh ; and Mr. John Gray, solicitor-at-law, trustees and executors, to pay the whole free income arising from the estate to their brothers James and Thomas, equally between them, and to the survivor solely for life, after their deaths the whole to be divided " equally among the lawful children procreated of the marriage between our deceased brother, David Brown, Esquire, of Greenknow, and Hannah Cassels, daughter of the deceased Andrew Cassels, Esquire of Cassels Place," and the children of their deceased sister Henri- etta Brown and her husband, Mr. Alexander M'Brair, merchant in Glasgow. — At Edinburgh, 23d February 1825; registered in the Books of Council and Session, 11th January 1827.
XVI. Andrew Cassells, shipmaster in Leith, and Ann Gibson, spouse, a daughter named Hannah, born 17th, baptized 18th March 1772. Witnesses : Mr. David Johnston, minister of the Gospel in North Leith, celebrator, and Mr. Walter Gibson, surgeon in South Leith, and grandfather to the child. — Register of the Parish of South Leith.
Haec Inquisitio facta fuit in Curia Balivatus burgi de Edinburgo tenta in nova Sessionis Domo dicti burgi coram honorabili viro Gulielmo Galloway uno balivorum dicti burgi vigesimo octavo die mensis Decembris anno Domini millesimo septingen- tesimo et octogesimo quarto per hos probos et fideles patrie homines subscriptos vizt. Samuelem Watson Solicitatorem apud legem in Edinburgo, cancellarium, Bobertum Brown scribam signeto regio, Robertum Cameron scribam in Edinburgo, Joannem Mason scribam ibidem, Jacobum Dalgleish scribam ibidem, Jacobum Steel scribam ibidem, Joannem Sutherland nuncium ibidem, Jacobum Graham nuncium ibidem, Gulielmum McKenzie scribam ibidem, Joannem Ormiston scribam ibidem, Carolum Ilhind scribam ibidem, Georgium Watson scribam ibidem, Hugonem Drummond scribam ibidem, Jacobum Brown mercatorem ibidem, et Gulielmum Darling typo-
APPENDIX.
graphum ibidem : Qui jurati dicunt magno sacramento interveniente quod quondam Joannes Brown mercator in Edinburgh pater Davidis Brown, mercatoris in Saint Petersburg, in Eussia, sui filij natu maximi latoris praesentium obijt ad fidem et pacem S. D. 1ST. Regis, et quod dictus David Brown est legitimus et propinquior haeres dicti quondam Joannis Brown sui patris et quod est legitimae aetatis. In cujus rei testimonium sigilla quorundam eorum qui dictae inquisitioni intererant una cum brevi capellae regiae debite executo incluso sub communi sigillo in signum execu- tionis officij dicti balivi praesentibus sunt appensa loco die mense et anno praescriptis. Extractum de libris Actorum Curie dicti Burgi per me Sic subscribitur Jno. Dundas. — Register of Retours, vol. lxxxv. fol. 425.
1792, July 26.— David Brown, late merchant in St. Petersburg, made burgess and guild brother of the city of Edinburgh, in right of his father John Brown, merchant burgess and guild brother.
Original ticket in possession of the family.
Contract of Marriage between David Brown, late merchant in St Petersburg, now residing at Lauriston, near Edinburgh, and Hannah, daughter of Andrew Cassels, merchant in Leith, with consent of her said father, at Leith, 20th June 1791. Witnesses : the Eeverend Doctor William Dalgleish, minister of the Gospel at Peebles ; Mr. James Brown, merchant in Edinburgh, brother of the said David ; and John Fraser, Writer to the Signet. The following persons are named to act under the said contract for the wife's interest, — the said Andrew Cassels, Walter Gibson of Muirside, surgeon in Leith, her grandfather, James Cassels, Esquire of Flask, near Linlithgow, brother consanguinean of the said Andrew Cassels ; James Cassels, eldest son of the said Andrew Cassels, now surgeon in Lancaster ; and Andrew Cassels, eldest son of the said Andrew Cassels of his present marriage.
Original in possession of the family.
Confirmation by the Commissary of Edinburgh, 21st May 1859, of Andrew Cassels Brown, her son, Mary Brown, her daughter, and John Biddle Stodart, Writer to the Signet, her son-in-law, as executors nominated by the late Mrs. Hannah Cassels or Brown, of No. 7 Brandon Street, Edinburgh, widow of the late David Brown, merchant in St. Petersburg, who died 7th March 1859, in her trust-disposition and settlement dated 20th May 1857, and recorded in the Commissary Court Books, 13th May 1859.
DRUMMOND OF PITKELLONY.
(County Perth.)
Or, three Bars wavy, and in chief a Boar's Head erased gules. {Lyon Register, 1672-1678.)
<.^01Ta f(RCU30W EDINBURGH
APPENDIX. 18(J
From the Register of the Parish of Melrose.
XV. 1748, May 13. Booked for marriage, Mr. James Brown, our minister, and Mrs. Helen Drummond, in the parish of Carriden.
Baptisms of Children of Mr. James Brown, minister, and Helen Drummond,
his spouse.
1749, April 9. John.
1750, April 22. Catherine.
1751, September 29. Elizabeth.
1753, February 11. Helen.
1754, May 12. Mary.
1755, October 25. Booked in order to marriage, Mr. James Brown and Mrs. May Tod, in the parish of St. Cuthbert's.
Baptisms of children of Mr. James Brown, minister, and May Tod, spouse.
1756, October 3. Janet.
1757, October 9. Margaret.
1758, August 27. Eobert and James. 1761, May 24. John.
1766, July 13. Thomas.
Drummond of Pitkellony.
(In the Parish of Muthill, County Perth).
i. Sir Maurice Drummond of Concraig, uncle of Annabella Drummond, Queen Consort of Piobert in., 1390-1401, and of Malcolm Drummond, Earl of Marr, 1388- 1403.
ii. Sir Maurice Drummond of Concraig married Marion, daughter of Sir Eobert Erskine, Great Chamberlain of Scotland, 1350.
iii. Malcolm Drummond of Pitkellony, second son.
190 APPENDIX.
iv. Duncan Drumniond of Pitkellony married Agnes Reidheugh, daughter of the laird of Cultobraggan, county Perth.
v. Maurice Drumrnoiid of Pitkellony, 1496-1512, was one of the Drummonds accused of burning above twenty persons in the church of Monzievaird ; married Janet, daughter of Strageath of that Ilk, county Perth.
vi. John Drummond of Pitkellony married Janet, daughter of Thomas, son of Chisholm of Croinlix, county Perth.
vii. John Drummond of Pitkellony, 1542, married Elizabeth, daughter of David Drummond (younger son of Thomas of Drummondernock), and Margaret Inglis, lady of Colquhalzie, county Perth, his wife.
viii. John Drummond of Pitkellony, 1587, married Elizabeth, daughter of Comrie of that Ilk, county Perth.
ix. James Drummond of Pitkellony, married Marjory, daughter of Mungo Graham of Orchill and Rathernis, county Perth, younger son of William, second Earl of Montrose, and Janet, daughter of William, Earl Marischal.
x. Captain John Drummond of Pitkellony was killed in Ireland, 1644, when besieging the rebels in Charlemont Fort; married Jean, daughter of Lawrence Oliphant of Gask ; and Lilias, daughter of Patrick Graham of Inchbrakie, both in Perthshire.
xi. John Drummond of Pitkellony recorded his arms 1672, died 1712, married, first (contract 10th February 1649) Catherine, daughter of Sir John Colquhoun, of Luss, county Dumbarton, Bart., by Magdalene, daughter and heir of Sir Gideon Baillie of Lochend, in East Lothian, Bart., by Magdalene, daughter and co-heir of David, Lord Carnegie, eldest son of the Earl of Southesk ; secondly, Jean, relict of John Eollo of Powhouse, daughter of Andrew, Lord Rollo, by whom he had no issue. This great-grandson, Robert, fourteenth laird of Pitkellony, Captain in 44th Regiment of Foot, sold the estate, and died without issue 1788.
xii. Captain Lawrence Drummond, second son, resided at Midhope, county Linlithgow, married Katherine, daughter of Alexander Swinton of Mersington, county Berwick, a Senator of the College of Justice, and died 1743, having had issue — two sons, the elder, a Major in the army, who died without issue, and three daughters, the second of whom, Alice, married, 27th July 1750, Mr. George Ellis, minister of the parish of Carriden, county Linlithgow, 1740-95, and died 21st April 1790, having had one daughter, Katherine Ellis, who died unmarried. The third daughter, Helen, born 20th January 1721, married, in May 1748, Mr. James Brown, one of the ministers of Edinburgh, and died in 1754.
APPENDIX. 191
Tod of Kirklands.
This family originally came from Musselburgh, of which "honest town" Thomas Tod was clerk in the early part of the seventeenth century, and left a son of the same name, who held the same office, and was dead in 1691, when his son, Thomas Tod in St. Martin's, was served heir to him.
Oliver Tod of the same family, shipmaster in Leith, was dead in 1721, leaving three children —
Oliver, merchant in Edinburgh, living 1743. Agnes, living unmarried, 1743. • Margaret, married Patrick Babtie, son of Patrick Baptie, shipmaster in Leith, and died a widow without issue, before 13th February 1738.
William Tod, bailie of Musselburgh, died 3d December 1675, aged 46, and is interred at Inveresk, with a monument to his memory, having a figure of Justice with an appropriate inscription. His three sons — Thomas, Oliver, and Archibald — were all dead without issue before 14th August 1749, when their cousin —
Robert Tod, merchant in Edinburgh, was served heir-general to them. He married the only child of Charles Gray, merchant in Edinburgh, and by her had three sons and six daughters, who were all served co-heirs of provision-general of their maternal grandfather, 20th April 1749.
1. Charles Tod of Wholeflatt, Riddoch, in the parish of Polmont, county Stir-
ling, married Jean, daughter and co-heir of Alexander Scott, merchant in Edinburgh, and died without issue, 12th March 1770.
2. John Tod of Kirklands, county Roxburgh, and of Wholeflatt, merchant
in Edinburgh, died without issue 15th April 1798.
3. Thomas Tod, merchant in Edinburgh, died without issue before 27th
July 1796, when his brother John of Kirklands was served heir to him.
1. Elizabeth Tod, ^
2. Helen Tod, > died without issue before 1804.
3. Margaret Tod, j
5. Janet Tod, died unmarried before 14th May 1804.
5. Robina Tod, the last survivor of the family, died unmarried 19th July
1811.
6. Marion Tod, married, 13th November 1755, Mr. James Brown, minister
of the parish of Melrose, and died 3d November 1786, leaving, with other issue, Robert Brown of Kirklands, Writer to his Majesty's Signet, who was, with his aunt, Miss Robina Tod, served heir portioner general of her sister Janet in 1804 ; he sold Kirklands.
192 APPENDIX.
SOIIEEVILLE OF AlKHOUSE.
(Iii the Parish of Channelkirk, County Berwick.)
i. Somerville.
had issue —
1. George.
2. James was an elder of the parish of Channelkirk, but not attending the
meetings of the Kirk-session, was desired to do so, whereupon he demitted in 1731.
3. John, portioner of Dalkeith, and merchant there, married Alison Cleg-
horn, to whom, June 26, 1776, her three daughters were served heirs portion ers general, viz. : —
Margaret, widow of William Balleny, tenant of Bellslaw, near Dalkeith.
Alison, widow of William Taylor, merchant in Dalkeith.
Anne, wife of William Vint, merchant and brewer in Dalkeith.
Her only child Anne Vint, born in June 1758, married Thomas
Macmillan of Shorthope, county Selkirk, and is represented by
Walter Macmillan- Scott of Wauchope and Shorthope.
ii. George Somerville of Airhouse, which he acquired from James Nicolson of Trabroun at Whitsunday 1692, married Marion Watherstoun, of the family of Watherstoun of Nether Howden, county Berwick, and had —
1. James.
2. George, living 1714, when he is a witness to his brother's sasine. The
laird was alive in 1730, but died before 1744.
iii. James Somerville of Airhouse, in favour of whom, being then designed tenant of Cathrae, his father resigned the estate 20th October 1714, and he and his spouse had sasine 30th day of same month. He married, first, 1714, Margaret, daughter of Adinston of Carcant, county Edinburgh, without issue ; secondly,
iu May, 1746, Elizabeth Allan, of the parish of Lauder, and had —
1. George.
2. William, of whom after.
iv. George Somerville of Airhouse, born 17th June 1748, was served heir- general of his father, 20th June, 1770, married Bobina, sister and co-heir of John Adair of Altoun or Maryport, in the parish of Kirkmaiden, county Wigtown, which estate she and her sister, Miss Jane Adair, sold in 1788 to John M'Douall of Logan.1 Mrs. Somerville died in January 1801, having bad issue —
1 Patrick Adair, younger brother of William of Kinhilt, had a charter, 26th January 1614, of the lauds of Altoun, which had been in possession of the family for at least 150 years ; John, last laird, who died 23d December 17S2, was his great-great great-grandson.
APPENDIX. . 193
1. James.
2. Robert, born 3d February 1779, died in infancy.
3. Eobert, bom 19th November 1780, died s.p.
1. Elizabeth, born 21st August 1775, married Lieutenant-Colonel Archibald Cochrane of Ashkirk, county Roxburgh, and Barbachlaw, county Edinburgh, and died at Linkfield, 28th September 1804, leaving one child, Robina Cochrane.
v. James Somerville of Airhouse, born 3d September 1777, married Euphemia Paterson of the county of Perth, and died in 1835, leaving issue —
1. George.
1. Elizabeth.
2. Robina Adair, married William C. Miller, clerk to the Board of Manu-
factures, and has issue —
vi. George Adair Somerville, sold Airhouse to the Earl of Lauderdale.
iv. William Somerville, merchant in Glasgow, younger son of James of Air- house, was born 10th March 1750, married at Glasgow, 16th June 1777, Helen, daughter of Mr. James Brown, one of the ministers of Edinburgh, and by her, who died in 18 , had issue —
1. James.
2. William, born 19th December 1782, died 11th January 1783.
1. Marion, born 11th January 1780, died 3d November 1785.
2. Elizabeth, born 11th April 1781, died unmarried, in Brandon Street,
Edinburgh, 1865.
v. James Somerville, born 9th April 1778, was Consul-General at Tripoli, and afterwards Treasurer, Collector, and Magistrate of the Island of Gozo ; married, first, at Trieste, in 1801, Maria Sparo, niece and adopted daughter of General Sparo, of the Russian Service, Russian Consul at Trieste, and by her, who died in 1836, had —
1. Antony, died young.
2. William.
1. Helen, married Robert Hammill, Major, 18th Royal Irish Regiment, and
has issue.
2. Martha, married Luigi de Sanctis, D.D., a native of Rome, and has two
sons and a daughter.
Mr. Somerville married, secondly, in 1840, Agatha Mounale, and died in 1857, having had by her one son —
3. James, born in 1841, in the service of the Peninsular and Oriental Ship-
ping Company at Suez.
vi. William Somerville, son and heir.
2 B
194
APPENDIX.
XVI. BEOWN AND LUNDIN.
1. Katherine Melville = John of Fordell and Finmount :
:2. (1561) Katherine, daughter of David Boswell of Glasmont and Balmuto.
John, younger of Fordell, married, 1581, Elizabeth, daughter of William Adam- son of Craigcrook.
David of Finmount, married Elizabeth Coutts.
I Mr. Robert of Pitkenny.
John of Fordell, married, first, Catherine, sister of the first Lord Balcarres ; secondly, in 1627, Margaret, daughter of Mr. William Adamson of Craigcrook.
Robert of Finmount, married Lilias, daughter of James Macgill of Ran- keillour.
of
Major-Genekal Sir John VYetherby, Rossie, etc.. elder daughter and co-heiress of Colonel Sir James Scott of Rossie.
Fordell, married Mary,
William of Deuglie, died s.p.
Captain David
of Finmount, died s.p. 1702.
Me. James, minister of East Calder, married, 1675, Helen Douglas, died 1691.
John of Fordell and Rossie, died young.
Antonia of Rossie, married, 1667, Alexander Dun- lop of that Ilk.
I George of Fin- mount, mar- ried, and had issue.
Mr. John of Abercorn, married, first, in 1700, Margaret, daughter of Michael Henderson of Croftmartine, s.p. to survive ; secondly, in 1704, Elizabeth, daughter of Mr. David Wil- liamson of St. Cuthbert's.
David of Golf Hall, merchant burgess of Edinburgh. Crescent sable on cheveron.
Ne
I Mr. James of Newbattle.
Mr. James, Melrose, New Greyfriars, and New
North Church of Edinburgh. I
Thomas, bordure engrailed or.
James, accountant, left issue, bordure or.
Rev. Robert Lundin-Brown, bordure invecked or.
LUNDIN OF AUCHTERMAIRNIE.
(County Fife.)
Paly of six argent and gules, on a bend azure, three Cushions or, a bordure indented of the third for difference.
(Lyon Register, 1 672-1678.)
5C0T1 I tRCUi ON EDINBURGH
APPENDIX.
195
XVI. LUNDIN AND BROWK— continued.
Mr. William Lundin of that Ilk, died in 1600.
!
II I II
John of that Ilk, repre- Sir James. Robert of Newhall and Auchter- Andrew, David of Newhall
sented by Baroness mairny, married, in 1598, Isa- dead and Auchter-
WilloughbydeEresby. bel, daughter of James, Master s.p. 1594. mairny, service
of Rothes, died s.p. 1603. 1603. I
I ~ ~ 1 Robert of Newhall, dead s.p. David of Auchtermairny, service 1630, married Cockburn,
1630. who died 1652.
I
John of Auchtermairny, died 1650, married Isabel, daughter of Law of Brunton.
John of Auchtermairny, minor James of Auchtermairny (brother ?) John of Auchtermairny, Lyon. Rerj. 1650, died unmarried, 1661. 1673, married, 1666, Agnes, daughter of George Law of Brunton.
David of Auchtermairny, advocate.
I I
James of Auchtermairny, Elizabeth, died s.p. died s.p.
Robert. I
Anne of Auchtermairny died s.p.
James. Anne, married Richard Smith.
Christopher Lundin of Auchtermairny, married Rachel daughter of Andrew Johnston of Rennyhill.
Mrs. Maclean of Torloisk.
Mrs. Douglas Maclean Clephane
of Torloisk and Carslogie.
I
I I III
Richard of Auchter- Edphemia of Auchter- Elizabeth of Auchter- Marchioness of Baroness de
mairny, died s.p. mairny, died s.p. mairny, married Rev. Northampton. Normann.
1832. 1855. Robert Brown,Largo.
I I I I I I I
James, M.D., Richard, married Rev. PvObert, William, Arthur. Helen, married Emma.
died s.p. Margaret, daughter of died s.p. married, and died s.p. Rev. Thomas Charles Maitland Christie has issue. Stothert.
of Durie, and has a daughter. died s.p.
196 APPENDIX.
M'Kerrell of Hillhouse, in the parish of Dundonald, Ayrshire : Heir-general, James Adam Brown, C.A., Edinburgh.
Martin M'Kerrell, in Hillhouse, was proprietor of lands in Ayrshire. His son John succeeded him, and was father of the first laird of Hillhouse.
i. William M'Kerrell of Hillhouse, born about 1560, married (1) Elizabeth,
daughter of Fullerton, by his wife Helen, daughter of Chalmers of Gadgirth,
and by her had — 1. William.
1. Agnes, married, 1612, William Eoger, burgess of Ayr.
2. Elizabeth, married, 1616, Eobert Hamilton, M.A., minister at Monkland,
eldest son of John Hamilton of Aikenhead. The first laird married (2) Margaret Fullerton, daughter of John Fullerton of Dreghorn, Ayrshire, the contract being dated in 1604. By her he had —
3. Jean, married, in 1627, John Shaw of Dalwyne.
4. Margaret, married, 1632, James Chalmers, merchant, burgess of Ayr. William M'Kerrell married, (3), in 1613, Esther Fullerton, daughter of James
Fullerton, elder of that Ilk. By her he had —
2. James, who, in 1628, had charter of lands of Head mark.
5. Sarah, married, 1638, John Boss, younger of Troweir.
6. Barbara.
7. Elizabeth.
William M'Kerrell of Hillhouse died October 1629.
ii. Mr. William M'Kerrell of Hillhouse, married Jean Wallace. By her he had —
1. William.
2. John.
3. Robert, who married Margaret, sister of Eobert Cuningharn of Auchinhervie. 1. Jean, married, 1658, Fergus MacAlexander, M.A., minister of Bar.
Mr. William M'Kerrell died September 1642.
iii. William M'Kerrell of Hillhouse, married, 1657, Euphemia, only daughter of William Russell, M.A., minister at Kilbirnie. William M'Kerrell died in 1658, s.p.
iii.-2. John M'Kerrell of Hillhouse, brother of preceding, married, 1660, Eliza- beth, eldest daughter of Robert Wallace, M.A., minister of Barneweill, afterwards Bishop of the Isles. By her he had —
1. William.
2. Robert.
1. Anna, married, 1689, Lieut. Robert Nisbet.
2. Jean.
3. Elizabeth.
APPENDIX. 197
iv. William M'Kerrell of Hillhouse was served heir of his father in the family- estate 4th August 1702, was a Commissioner of Supply for the county of Ayr 1702- 1704, and died in May 1705 ; he married, in 1688, Elizabeth, daughter of William Fairlie of Fairlie, county Ayr, and Jane his wife (afterwards Countess of Glasgow), daughter and heir of William Mure of Eowallane, also in Ayrshire, and had issue —
1. William.
2. John, died s. p.
1. Jean.
2. Elizabeth.
v. William M'Kerrell of Hillhouse was served heir of his father in Hillhouse and Barassie 2d October 1705 ; married Mary Vaux, whose father, a French Protestant refugee, was a Canon of St. Paul's Cathedral; and died in or before 1728, leaving issue —
1. William.
2. John.
3. Eobert.
1. Elizabeth.
2. Jean, who had a sasine of an annuity 1713.
vi. William M'Kerrell of Hillhouse, died unmarried in June 1782.
vi.-2. John M'Kerrell of Hillhouse was served heir of his brother 21st January 1783, and heir-general of his uncle John 19th June following; he had been a silk manufacturer in Paisley, and in 1759 made the first web of silk that was wrought there. Mr. M'Kerrell executed an entail of the estate 20th October 1800. He married Margaret, daughter of Humphrey Fulton, silk manufacturer in Paisley, sister of William Fulton of Park, and of Eobert Fulton of Hartfield, both in the county of Eenfrew, and died 1811, aged 79, leaving issue —
1. William.
2. John, married, in 1794, Cecilia, daughter of William Hervey, M.D., and by
her, who died in 1801, had —
(a) John M'Kerrell, married Anna, daughter of Herbert Buchanan of Arden, county Dumbarton, and by her, who married, secondly, James Brown, C.A., Edinburgh, had a daughter, Joanna.
(5) Alexander, married Seraphina, daughter of William Pennell, British Consul for the Empire of Brazil, and sister of the wife of the Eight Hon. John Wilson Croker, M.P., Secretary of the Admiralty ; he died s. p. in 1828.
(c) William, afterwards of Hillhouse.
Mr. John M'Kerrell married, secondly, Helen, daughter of Archibald Stewart of Williamwood, and niece of Eobert Morice of Craigend, Auldmuir, county Ayr, and died in 1837, leaving by her one son —
(d) Archibald, of Auldmuir, county Ayr, to which he succeeded, as heir of
entail, through his mother, died unmarried.
198 APPENDIX.
3. Eobert married Miss Shultz, of Frankfort, and died in April 1847, leav-
ing issue — ■
(a) Eobert, married, in 1845, Emily Pauline, daughter of Major-General
William Staveley, C.B., Commander-in-Chief at Madras, and has issue Eobert Mure, Ealph Staveley, Eeginald l'Estrange, Augustus de Segur; Henrietta Eliza Cathcart, married, 1874, the Most Illustrious Henry Charles Adolphus Frederick William Count Bentinck Alden- burg and of the Holy Eoman Empire, Captain in the Coldstream Guards, and Lieutenant-Colonel in the Army, cousin of the Duke of Portland, and maternally descended from the sovereign family of Waldeck, and has issue ; Georgiana Louisa Margaret, married, in 1872, Sir Claude Champion de Crespigny, fourth baronet of Cham- pion Lodge, county Surrey ; Letitia Augusta Sarah ; Emily Charlotte Theodoria.
(b) Margaret.
(c) Augusta Jane, married Comte de S(5gur, Charg^-dAffaires for France
at Palermo and Frankfort-on-Maine.
4. Fulton, married, first, Elizabeth, daughter of Eobert Fulton of Hartfield,
s. p. ; secondly, Mary, daughter of James M'Call of Braehead, county Lanark, and died in 1840, leaving —
(a) Sarah.
(b) Margaret, died unmarried.
(c) Mary, married Donald Smith, Glasgow.
1. Margaret, married, in 1785, Moses Craufurd of Newfield, county Ayr,
Major in the H.E.I.C.S., and had issue —
2. Mary, died 1849.
3. Elizabeth, married Colonel John Eeid, H.E.I.C.S., younger brother of
Eobert Eeid of Adamton, county Ayr, and had an only child, Elizabeth M'Kerrell Eeid, who, in 1822, married George James Campbell of Trees- banks, Deputy-Lieutenant of the county of Ayr, claiming to be heir- male of the Loudoun family, and died in 1826, leaving two daughters —
(a) Elizabeth Campbell, married, in 1844, Clemens Count Einsiedel and
of the Holy Eoman Empire, grandson maternally of Henry, Prince of Eeuss Eostritz, and has issue. On succeeding to the estate of Adamton, she and her husband assumed the surname of Eeid.
(b) Mary Campbell, married James, younger son of Colin Campbell of
Jura and Craignish, county Argyll, and has issue.
4. Jane, married Eobert Fulton of Hartfield, Lieutenant-Colonel of the 79th
Eegiment of Foot, and had issue.
5. Marion, married James Eibble of Whitford and Greenlaw House, county
Eenfrew, without issue to survive.
6. Agnes, married, in 1798, John Edward Wright, of Bolton-on-Swale, county
York, and had issue.
M'KERRELL OF HILLHOUSE.
(County Ayr.)
Azure, on a Fess or three Lozenges gules within a Bordure engrailed argent.
(Lyon Register.)
SCOTIS fERCUJOH EDINBURGH
APPENDIX. 199
vii. William M'Kerrell of Hillhouse, married, first, a sister of Robert Reid of Adamton, county Ayr, without issue ; secondly, a daughter of Robert Govane, Anderston, and had —
1. John.
2. Robert, died in India.
3. William ; died young.
4. Henry.
5. James, died in 1833.
1. Janet, died unmarried.
2. Margaret, married her cousin, Major John Craufurd, 44th Regiment,
younger son of Newfield.
3. Anne, married James Brown, President of the Society of Chartered
Accountants, Edinburgh, and died in 1833, leaving issue ; her eldest son is heir-general of the M'Kerrell family, and entitled to quarter the arms.
4. Mary, died unmarried.
Mr. M'Kerrell raised at Paisley the first Volunteer corps formed in Scotland, called the Royal Paisley Volunteers, and held the rank of Lieutenant-Colonel. On 8th February 1802, he registered arms, viz., Azure, on a fess or, three lozenges gules, a bordure engrailed argent, which are founded on a somewhat mythical tradition of descent from the captor of Ralph Percy at Otterburn, 1388, styled Sir John M'Kirel the name really being Maxwell. The crest is a Roman soldier on march, with the motto, Dulcis pro patria labor.
viii. John M'Kerrell of Hillhouse, succeeded his father in 1821, held the office of Master of the Mint at Madras, died, unmarried, in 1835, and was succeeded by his brother.
viii.-2. Henry M'Kerrell of Hillhouse, who married Margaret Cochrane, daughter of John Paterson, Edinburgh, but had no issue. On his death, in 1853, the property passed to his cousin.
viii.-3. William M'Kerrell, twelfth laird of Hillhouse, born in 1800 ; he married, in 1835, Charlotte Patullo, his cousin, eldest daughter, and eventually co-heir, of John Edward Wright of Bolton-on- Swale, county York, representative of a family of some antiquity, which intermarried, about 1400, with Reyther, a co-heir, whose arms they quarter, and afterwards with Grimston, Manleverer, etc.
Family of Coutts.
This surname, variously spelt, first appears in the north of Scotland, the Char- tulary of Moray, in 1343, noticing Richard de Cotis as a landowner.
In 1392, Donald and John de Couts were put to the horn as concerned in the murder of Sir Walter de Ogilvy, Walter de Lichtoun, and others. The principal
200 APPENDIX.
family of the name was established in the earldom of Mar, in Aberdeenshire, by a Crown charter, 1433, of the lands of Ochterconll, in favour of Mr. William Coutts, his brother Alexander, their cousin John, and his brother Alexander.
In 1482 were living John Coutts elder, and John Coutts younger, of Ochter- coull.
In 1494-97, Sir "William Coutts was vicar of Inneruochty, and had a suit with Duncan Forbes as to the lands of Innernochty and Bellabeg.
1505. — Alexander Coutts of Ochtercoull; it was probably he who married a daughter of Irvine of Drum.
John Coutts of Ochtercoull grants a charter, 4th January 1548, of various lands to Margaret, his future spouse, daughter of Alexander Forbes of Towie, and the heirs- male to be begotten betwixt them, whom failing, to his own heirs-male.
He was dead, without issue, 31st July 1553, when his brother-german, Robert Coutts of Ochtercoull, was served heir to him in the manor and mill of Ochtercoull, Stramoir, and other lands. Eobert married Janet, daughter of Patrick Gordon of Fulziemont or of Craig, and had three sons —
Eobert.
William.
George.
About this time appear James, reader at Keirn, 1569; Laurence, reader at Tullich, 1570 ; in 1549, the Bishop of Aberdeen granted a tack for nineteen years of part of the lands of Mamewlacht to James, son of the late Eobert Coutts, burgess of Aberdeen. In 1526, the Abbot of Arbroath presented Mr. Thomas Coutts, official of St. Andrews in the archdeaconry of Lothian, to the vicarage of Aberkerdour.
Eobert Coutts of Ochtercoull succeeded his father, married Isobel or Elizabeth, daughter of Alexander Forbes of Newe, and his wife, Jean Lumsden, a daughter of the family of Cushny ; they are said to have had twenty-four children, of whom were —
Eobert.
Margaret, married John Forbes of Petflugge, and had issue.
Elizabeth, married Nichol Eoss of Auchlossen, and had issue.
, married the laird of Kinstair.
Marjory, married Patrick Gordon of Kincraigie, and had issue.
Catherine, married Eobert Carnegie of Kirktoun of Aboyne.
About 1573, Christian Coutts married Mr. James Burnett, burgess of Aberdeen, younger son of Alexander of Leys, and had issue.
Captain Alexander Coutts came to a tragical end in the year 1570. Having been placed in the Castle of Brechin by the Earl of Huntly, he held out for a time against the Eegent Lennox, was taken, and hanged in August, along with Captain Mure and thirty soldiers.
APPENDIX. 201
Eobert Coutts of Ochtercoull married Jean, daughter of John Gordon of Cairn- borrow by a daughter of Alexander Bannerman of Watertoun, and had three sons — Alexander. George.
James, who went abroad as a merchant to Crosna in Poland, but afterwards settled at Dantzic, and, on 23d July 1646, obtained a birth-brief from the Provost and Magistrates of Aberdeen. One of the elder sons must have been father of —
William Coutts, last laird of Ochtercoull, of which he was deprived in 1635, and it was restored to the Earl of Mar.
William Coutts, his son, designed younger of Ochtercoull in 1633, had issue, of whom1 Elizabeth Coutts, married first Sir Alexander Burnett of Leys, Bart., secondly, Sir David Eamsay of Balmaine, Bart, It is probable that Mr. Alexander Coutts, who graduated at Aberdeen in 1670, was parson of Strickathrow 1677, married Elizabeth Burnett, and died in 1695 in his fortieth year, leaving a family, was of the Ochtercoull family; also Captain Coutts, 1648; Alexander Coutts in Davoch of Cromar, who was robbed by Callam Forbes, 1636; Mr. Eobert Coutts, elder, of the parish of Coull, 1648, a graduate of Aberdeen in 1616; and William Coutts of Gavell in Kincardineshire, whose son and heir in 1721 was Patrick Coutts, merchant in Fraserburgh.
The list of pollable persons in the shire of Aberdeen gives only one Coutts as a landowner, James— portioner of Muress in the parish of Tullich, who was then married and had a family ; some tenant farmers are to be found, and the name also occurs among the working classes.
The well-known family of London bankers is stated to have been founded at Montrose by a younger son of Ochtercoull, who went there towards the close of the sixteenth century.
William Coutts, his son, was Provost of the burgh, and had a son Alexander, also Provost. There is a monument there to William Coutts, who married Janet Ochil- tree, and died in 1678, aged 77; and in 1667, Eobert Coutts of Montrose was a student at King's College, Aberdeen. Alexander, the Provost, had three daughters and six sons —
1 . William, Provost of Montrose.
2. John, Provost of Montrose, acquired the estate of Fullerton in the neigh-
bourhood of the burgh ; recorded arms in the Lyon Eegister about 1672, argent, a stag's head erased gules, and betwixt the attires a pheon azure, a bordure engrailed of the second ; crest, a man from the loins shooting an arrow from a bow, all proper. He was a Commissioner of Supply for the county, 1688, and died soon after. William Coutts of Fuller- ton held the same position 1690-1704, and was probably his son.
1 Margaret Coutts, a woman of low birth about this time, was second wife of Alexander Irvine of Drum, his first having been a daughter of the Marquis of Huutly, and figures in a well-known ballad as " bonny Peggy Coutts."
2 c
202 APPENDIX.
3. Hercules, settled in London ; in 1695, Thomas Coutts, merchant in London,
was a subscriber to the Darien Scheme and to the Bank of Scotland.
4. Patrick, of whom after.
5. Eobert went to America, and died there.
6. James also went to America, and on his return was Provost of Montrose,
and acquired the estate of Halgreen in Kincardineshire, in 1724, for £31,500 Scots. He married, first, Jane Vander-Leyden, and had a son Hercules, who, in 1747, discharges his share of legitim to his father ; secondly, Anne, daughter of Henry Crawfurd of Monorgan near Dundee, and had James, who inherited Halgreen, and sold it in 1768, and a daughter Anne, who was married to Captain Descury. She left a legacy of £1800 to her grand-nephew, James Eobert; but in 1804, his father, Captain Ball, after a lawsuit, got the money, contrary to the intention of the testatrix. James Coutts, second of Halgreen, married Marion Penny, and had — ■
Anna, baptized at Montrose on 24th February 1760. She was married in 1780 to Captain Ingram Ball of the Light Dragoons, elder brother of Sir Alexander John Ball, Baronet, Governor of Malta, but obtained divorce from him. Their son, James Eobert Ball, took the name of Coutts, went to Egypt and died at sea, 1802, a few days before his aunt, Mrs. Descury. Isobel, baptized at Montrose on 2 2d June 1761 ; married, in 1781, to Patrick
Scrymgeour of Tealing, Forfarshire. James, baptized at Montrose on 31st December 1781, Captain James Henry Descury, of the 3 2d Foot, being a witness.
Coutts of Eedfield.
Alexander Coutts, merchant in London, was served heir of conquest-general to his brother John (who was Provost of Montrose), 18th March 1742. On 17th January 1758, he purchased for £6000, from the creditors of Cockburn of Langton, the office of Heritable Usher to the King in Scotland; and, on 15th December 1758, registered arms, first and fourth quarters, azure, a baton in pale argent, ensigned with the unicorn of Scotland, as a badge of his office. Second, the paternal coat of Coutts argent, a stag's head erased gules, between the attires a pheon azure. Third, argent, a hand issuing from the dexter, holding a bow in full bend and shooting an arrow proper ; crest — a dexter hand holding the baton in pale proper. Motto — Quern virga semel Candida. The shield is surrounded with a gold chain, with the badge of the arms of Scotland pendent, and behind it are two batons of office in saltire. Mr. Coutts, on 27th February 1759, being then designed of Eedfield, executed an entail of the Ushership in favour of his nephews, Alexander and William Ernest ; the four sons of the late John Coutts, Provost of Edinburgh ; James Coutts of Halgreen, and the heirs-male of their bodies ; whom failing, to his own nearest and lawful heirs and assignees whatsoever, all to bear the surname, arms, and designation of Coutts of
APPENDIX. 203
Eedfield, but with permission, in case of marriage with an heiress, to make such addition to the arms as may be tit. He was dead, without issue, 2 2d August 1771.
James Coutts, brother of preceding, merchant in Dantzic, died before 1759, and left issue —
1. Alexander, living 1759, died s. p.
2. William Ernest, died s. p.
3. Edward Gabriel, merchant in St. Mary's Hill, London, died s. p.
1. Florentina, married Gabriel Godfrey Vogt, Dantzic, and died s. p.
2. Agatha, married Captain John Taylor of Fisherrow, Musselburgh, who died
18th January 1785, aged 48, and was herself dead in 1804. Her only child, John Taylor, died in November 1782, in his 16th year.
3. Concordia, married, first, Thomas Marshall, merchant in Dantzic ; second,
Gotlieb Gotz, Dantzic, and died in November 1804, leaving an
only child, Frederica Juliana Marshall, wife of Gotthilf B. Doebler, Dantzic, who, on 27th May 1806, was served heir of her mother in an annualrent from the lands of Lochrig, in Ayrshire, on 22d August 1771. Mrs. Taylor and Mrs. Marshall had been served co-heirs of provision of their uncle, Alexander, in the office of Usher, which they sold.
Coutts of Edinburgh and London.
Patrick Coutts, fourth son of Alexander, Provost of Montrose, was first in busi- ness in his native place as a merchant, but removed to Edinburgh in or about 1695, and founded the house which, at first doing business in serges, woollen stuffs, corn, etc., developed into the banking-house long known in Scotland as Sir "William Forbes and Company, from which branched off the house of Coutts, bankers in London, still existing. Mr. Coutts ' married, first, Jean, widow of Eobert Campbell of Northwood- side, Dean of Guild in Glasgow,1 daughter of James Dunlop of Garnkirk, county Lanark, and had —
1. John.
2. James, born in January 1701, merchant in London, died in March 1742,
leaving about £20,000 to his elder brother, including the lands of Greenrig and Swinton Quarter, county Berwick. 1. Christian, born 19th March 1698, married John Stephen, wine merchant in Leith, who went into partnership with his nephew Coutts in 1764, retired in 1771, and died in September 1774. They had issue, Thomas, a partner in the London house of Coutts, Stephen, Coutts, and Company ; Patricia, married John Blair of Balthayock, county Perth ; and another daughter married Eobert Fall, merchant in Dunbar, whose father was M.P. for the . burghs of Dunbar and Haddington.
1 By whom she had a daughter, Janet, who married Thomas Halliburton of Newmains, and was great-grandmother of Sir Walter Scott.
204 APPENDIX.
Mr. Coutts married, secondly, 14th December 1702, Bachel Balfour, widow of William Forrester, Writer to His Majesty's Signet, and had — 2. Janet, born February 1704.
He made his will 25th July 1704, and died soon after, the inventory of his property, amounting to £2500, being given up 27th October of that year. Although he was the first of his own branch of the family who settled in the capital of Scotland, the name is found there at an early period and onwards : Thomas Cottis, notary public, 1483 ; John Coutis, notary public, 1531 ; Andrew Cowtis, sergeant of the regality of Holyrood, 1583 ; James Cowts was dead in 1585, when his daughter Agnes inherited a tenement in Edinburgh ; William Coutts was deacon of the weavers 1584 ; Thomas Coutts, Writer to the Signet, 1621 ; and William, a merchant in that city, married Margaret, daughter of Mr. Alexander Mitchell, minister of Lumphanan, 1067-81.
John Coutts, born 28th July 1699, was a Councillor 1730, Bailie of Edinburgh, 1731-1741, and Lord Provost, 1742-1744. His portrait, by Allan Bamsay, is in the possession of the Baroness Burdett-Coutts, who lately presented a copy of it to the Corporation of Edinburgh. Being left orphans at an early age, he and his brothers were sent to their uncle's at Montrose, but the younger went to London, and John was, in 1723, established in Edinburgh as a merchant, having as partners successively, — ■ — Halliburton of Newniains ; Bobert Bamsay, brother of Sir Alexander of Bal- main, from 1740 to 1744; Archibald Trotter, 1745, when the firm was altered from John Coutts and Company to Coutts and Trotter. He married, 10th April 1730, Jean, daughter of Sir John Steuart of Allanbank, county Berwick, Bart., who died in November 1736, after the birth of her youngest child. Mr, Coutts renewed his connection with the district from which his family originally came, by the purchase of Dalhakie and other lands in Aberdeenshire. The house did a very extensive business in corn, as commission merchants, and also dealt in bills. In 1749 Mr. Coutts, whose health was failing, took his eldest son, Patrick, into partnership, when the style was altered to Coutts, Son, and Trotter, and went abroad in August, but only lived till 23d March 1750, when he expired at Nola, near Naples, leaving issue —
1. Patrick Coutts, born 5th April 1731 ; was in business as a merchant in Edinburgh, and afterwards in Jeffrey's Lane, St. Mary Axe, London ; first in partnership with his brother John and Mr. Trotter. After Mr. Trotter's connection with the business came to an end, Mr. Stephen was admitted a partner, the firm becoming Coutts Brothers and Company. Mr. Batrick Coutts inherited Dalhakie from his father, and, in 1761, part of the fortune of his brother John. He travelled abroad, and was arrested at Lille as a spy, and suffered a detention of several months. On 31st March 1761 he registered arms, being the stag's head and pheon of Coutts, within a bordure embattled azure, charged with four buckles or, a mark of cadency indicative of his maternal descent. The crest is that entered in 1672, with the motto, Esse quam videri. Mr. Coutts' mental health failed soon after, but he lived to an advanced age.
APPENDIX. 205
2. John, born 24th February 1732, went to Rotterdam in 1749, and was a
partner in the house of Robertson, Coutts, and Strachan ; but after a few years returned to Scotland and joined his elder brother. He was a bailie of Edinburgh 1756-60, and died unmarried at Bath, 4th August 1761. After this the house in Edinburgh, although for some time styled John Coutts and Co., had no person of that name as a partner there. In 1766 a quarrel occurred between them and the London firm ; and in 1773 the name even disappeared, and the business was carried on as Sir W. Forbes, J. Hunter, and Co.
3. James, born 10th March 1733, went up to London a young man, and, on 2 2d
April 1755, married Mary, daughter and heir of John Peagrim of Knights- bridge, and Elizabeth, his wife, sister and heir of George Campbell, gold- smith and banker in St. Martin's Lane, who took his niece's husband into partnership as Campbell and Coutts. The business was founded in or before 1692 by George Middleton, who took Campbell into partner- ship, and died in 1748. Campbell then assumed as partner Mr. David Bruce, long in the employment of the house as a clerk, and altered the style from Middleton and Campbell to Campbell and Bruce. Bruce died, and George Campbell for a time carried on alone under his own name. After his death, 1760, James Coutts admitted his brother Thomas, and the firm was Coutts and Coutts. They removed from St. Martin's Lane to Durham Yard, in the Strand ; and the present banking house was built in 1768, after a design by Adam. Mr. James Coutts was pro- prietor of the estate of Greenside, was residuary legatee of his brother John, was elected M.P. for the city of Edinburgh, 1768 ; quarrelled with his brother Thomas, which led to a dissolution of partnership. He then went abroad, was taken ill at Turin, and died at Gibraltar, 19th February 1778, leaving an only child —
Frances, who married, 16th September 1778, Sir John Stuart of
Allanbank, county Berwick, her cousin, and died 26th November
1809, leaving issue.
4. Thomas, born 7th September 1735, was first a partner in the London branch
of the Edinburgh house, then, as already stated, of his brother James, and eventually became sole partner in the bank of Coutts and Coutts, which in his time rose to the very influential position it has ever since held. He married, first, Susan Starkie, who had been an upper servant of his brother James, and had by her, who was for many years insane, three daughters known as " The Three Graces " —
Susan, married, 28th February 1796, George Augustus, third Earl of
Guildford, son of Lord Worth, the Prime Minister, and died 1837.
Her only surviving child is Susan, Baroness North.
206 APPENDIX.
Frances, married, 17th September 1800, John, first Marquis of Bute, son of John, Earl of Bute, K.G., First Lord of the Treasury, and died 12th November 1832, leaving a son, Lord Dudley Coutts Stuart, who married a daughter of Lucien Bonaparte, Prince of Canino, and a daughter Frances, Countess of Harrowby. Sophia, married, 5th August 1793, Sir Francis Burdett, M.P., fifth Baronet of Foremark, county Derby, the well-known politician, and died in January 1844, leaving one son, the present Sir Eobert Burdett, Bart., and five daughters, of whom the youngest —
Angela Georgina — inherited the large fortune of the Duchess of St. Albans, assumed by royal licence the additional surname and arms of Coutts, and was created a Peeress as Baroness Burdett-Coutts, 9th June 1871. Her Ladyship carries the coat assigned in 1761 to her granduncle Patrick Coutts; but the stag's head is erroneously represented as cabossed. Mr. Coutts, three months after the death of his first wife, married, in 1815, Harriet, daughter of Mr. Matthew Mellon, of the East India Company's service, long an actress of some reputation at Drury Lane Theatre, and died 24th February 1822, leaving most of his property, said to be £900,000, to his widow, who married, 16th June 1827, William Aubrey, ninth Duke of St. Albans. Her Grace died 6th August 1837, leaving her great fortune to Miss Angela Burdett. 1. Margaret, born 21st September 1734. 5. Stewart, born 18th November 1736, died an infant.
Another family existed in London late in last century ; for on the 9th July 1789, Alexander Coutts, merchant there, was served heir-general of his cousin Jane, daughter of David Durie, merchant in the Isle of Man.
Colt of Inveresk and Gabtsherkie.
This family, originally from Perthshire, seems to be of the same race with the Coutts ; has identical arms, and formerly very usually adopted the spelling Coult.
John Colt, in 1483, was one of the tenants of the lands of Moneydie, then claimed by Sir William Buthven, and Agnes Bruce, wife of David Blair of Adamton.
Thomas Colt, in 1496, owned lands near Perth. Andrew was vicar of Bedgorton, 1574-91. Blaise Colt, burgess of Perth, and Giles Fleming, his spouse, had a charter of confirmation of a part of the lands of Leonardley, 3d March 1574.
His eldest son, Mr. Oliver Colt, advocate, was Sheriff-Depute of Edinburgh, and sat in Parliament 1579; Oliver's sons were: — Mr. William, who was dead, without issue, 1641, and Mr. Eobert, who was then served heir to him. Eobert was succeeded, before April 1672, by his son of the same name.
COUTTS OF PITEUCHAR.
(County Fife.)
Argent, a Stag's Head erased gules, between the attires a Pheon azure.
(MS. of Robert Porteus, Snowdoun Herald, A.D. 1661.)
scoria rcflGuiON Edinburgh
APPENDIX. 207
Mr. Adam, another son of Blaise, was minister of the parish of Inveresk from 1597 till his resignation in June 1641, married Elizabeth Johnstone, of the family of Elphinstone, and had a son —
Mr. Oliver, minister of Inveresk, 1632 till his death 1679, in his eighty-second year; he married Catherine, daughter of John Logan of Bonnyton, merchant, burgess of Edinburgh, and had three daughters and one son —
Sir Bobert Colt, advocate, portioner of Inveresk, who registered arms 1679.
Mr. William Colt, his son, married Elizabeth, only daughter of Alexander Cruiks of Garturk, county Lanark, son of Major Alexander Cruiks of Garturk ; on the death of her brother James, in 1701, Mrs. Colt succeeded to his estate, and on her death, in December 1743, Garturk passed to her son —
Bobert Colt of Garturk, who died without issue in or before 1786, when his personal estate was inherited by his nephew, George Waddell of Bal- quhatston, but Garturk was settled on Bobert Colt of Auldliame, county Haddington, advocate, son and heir, by Helen his wife, daughter of Lord Blantyre, of Oliver Colt of Auldhame and Inveresk, younger son of Sir Bobert. The present representative is his great-grandson, George Frederick Bussell Colt of Gartsherrie, county Lanark.
Coutts of Grange and Pitteuchar.
The first appearance of the name in Fife is in February 1483, when Alexander Couts was on the assize of service of James Bonar of Bossie.
Allan Cowtis in Spittell had —
1. , who probably died before his father, and left two daughters, Mause and Euphemia, who were served heirs-portioners of their grandfather, 15th November 1581, in an annualrent from the lands and mill of Schethun. Euphemia had, about 1586, a tack of the teinds of Balsusny from the Commendator of Dunfermline, and she and her son, James Melville, had a charter of a saltpan at Kirkcaldy from the same.
2. Allan, of whom after.
3. A daughter, married William Alexander of Menstrie, county Clackmannan,
and was grandmother of William, Earl of Stirling.
Allan Coutts, variously styled in Wester Bossyth, of Grange, and of Bowhill, was Chamberlain of the Abbey of Dunfermline from 1552 onwards, and, by grants
208 APPENDIX.
from the abbot and commeudators, and purchase, acquired the lands of Balbougie, Pitteuchar, Newton, North Waird, etc. He had by his first wife —
1. Captain Allan Coutts of Grange, who was served heir to him in the west
half of Pitteuchar and in Balbougie, 31st January 1G10. Captain Allan had a son, Mr. George, who seems to have died s. p., and a daughter, Christina, who was served heir of her grandfather, 14th May 1642, in Grange, Baith-Coutts, etc., and also heir-general.
2. Colonel Eobert Coutts, married Christian, daughter of Sir John Boswell of
Balmuto.
1. Helen, married Richard Preston.
Allan, the Chamberlain, married, secondly, Isabella Bothwell, who survived him, and in 1605 was spouse of Robert Winram, burgess of Dunfermline. By her he had —
3. John of Pitteuchar, who had along with his father a charter from the
Commendator of Dunfermline of the lands of Baith-Bonaley ; a charter of confirmation from the same, 15th February 1594, of the east half of the town and lauds of Pitteuchar ; a charter of Newlands, 21st Decem- ber 1597. He married Jean, daughter of Eobert Bruce of Blairhall, county Fife, niece of the first Lord Kinross, by whom he seems to have had no issue. He was alive in 1603, and in September 1608 his widow married William Monteith of Bandiford, county Stirling, and had issue, who came into possession of Newlands.
2. Elizabeth Coutts, married (contract, 28th February 1587) David Brown of Finmount, and died in August 1601, leaving issue.
Mareiage-Contract between Sir John Brown of Fordell, Knight, and Marie Scott : dated 11th February 164S.1
At Eossie, the allevnit day off Februar, the yeir of God jmvjc ffourtie aucht yeiris, it is appoyntit, agriet, and finallie contractit betuix the pairties following, to wit, Sir Johne Broun of Fordell, knicht, on the ane pairt, and Sir James Scot of Eossie, knicht, and Dame Antonia Willobie, his spous, for themselfis, and takand the burdein upone them for Marie Scot, their eldest lauchfull dochter, and the said Marie for hirself, with consent of hir saidis parentis, on the other pairt, in maner, forme, and effect, as eftir followis ; that is to say, the saidis Sir Johne Broun and Marie Scot, with consent foirsaid, faithfullie promit, and bind, and obleis them to solemnizat and compleit the band of mariage, aither of them with otheris, in face of holie kirk, as Godis wTord dois allow, betuix the dait heirof and the . . . but langer delay : In contemplatioun of quhilk mariage, and before the solemnizatioun theirof, the said Sir Johne Broun bindis and obleissis him, his airis and success[oris], to dewlie
1 This paper was not discovered in time for insertion in its proper place, at page 131 of Appendix.
APPENDIX. 209
and lawchfullie infeft and seise the said Marie Scot, his promest spous, in hir pure virgini[tie in lifejrent during all the dayis of hir lyftyme, in all and haill ane annualrent of twa thowsand merkis, usuall inonie of this realme of Scotland, yeirly, to be upliftit and taine at twa termes in the yeir, Witsonday, and Mertinies in winter, be equall portiounes, furth of all and haill the landis of Colfargie, with houssis, biggingis, yairdis, wodis, fischeingis, pairtis, pendicles, and pertineutis thairof quhatsumever ; the landis of Eister and Wester Caries, with houssis, biggingis, yairdis, salmond fischeingis, ferrie boat, fisher landis, houssis, and pertinentis thairof quhat- sumever perteining and belonging thairto ; the landis of Heltoun, the ruilue of Fargies milne, and milne landis thairof, with houssis, biggingis, yairdis, multures and sequel] is of the haill landis and barony of Abernethie thirlit to the said milne, useit and wont, with all their pertinentis lyand within the parochin and barony of Aber- nethie and scheriffdome of Perth (exceptand thairfrae the multuris and sequellis of the landis of Carpow, Ferrefeild, Meiklefiet, Torlindie, Broddell, Ardoun, Pitrudie, Guttoway, Pitcurrens, Over and Nether Greinside alias Pitgrunzie, and of that pairt of the landis of Pitblea haldin of Archibald Lord Angus, with all the pairtis, pendicles, and pertinentis lyand within the said parochin of Abernethie, quhilkis ar naewayes thirlit to the said milne) : With this provisioun and conditioun alwayes, that if the landis and barony of Eossie, with the teindis thairof eftermentionat, sail not be redeimit frae the said Sir Johne Broun and his prorueist spous, thair airis and assigneyis efterspecifeit, be vertew of the reversioun or provisioun of reversioun underwrittin, that than and in that cace the said Marie Scot sail renunce and dis- charge, lykas she, now as then and then as now, in the cace foirsaid, renunces and discharges, the sowme of fyve hundreth merkes monie abonewrittin, be yeir, of the said annualrent of twa thowsand merkes, and sail onlie have richt, in cace foirsaid, to ane annualrent of ane thowsand pundis of the foirsaid annualrent of tua thowsand merkes, dureing the said space of hir lyftyme, be duble infeftmentis, the ane thairof to be haldin of the said Sir Johne Broun, his airis and successoris, in f lie blensche, for yeirly payment to them of ane penny money foirsaid, upone the ground of any pairt of the saidis landis, at the feist of Witsonday, in name of blensche ferine, if the samyn beis askit allennarlie ; and the uthir of the saidis infeftmentis to be haldin frae the said Sir Johne Broun and his foirsaidis of the said noble lord, Archbald Lord Angus, his immediat lawchfull superior of the landis and otheris abonespecifeit, lykwayes in frie blensche, for yeirly payment of ane penny money foirsaid, upone the grand of any pairt of the saidis landis, at the feist of Witsonday, in name of blensche ferme, if it beis askit allennarlie ; quhilkis infeftmentis, and aither of them, sail beir aud contein thairin this special and expres claus of warrandice following : Lykas the said Sir Johne Broun (now, as if the saidis infeftmentis and aither of them wer alreadie made and past, and then as now), be thir presentis, bindis, and obleissis him, his airis and successoris, to warrand, acquyet, and defend the samyn infeftmentis and the annualrent abonewrittin, to be conteinit thairin, to the said Marie Scot, his promeist spous, dureing hir lyftyme, to be frie, acquyet, saife aud sure at all handis, from all perallis, dangeris, impedimentis, and inconvenientis quhatsumever bygane,
2 D
210 APPENDIX.
present, and tocum, againes all deadlie, quhairby the annualrent abonewrittin, or any pairt thairof, may be evictit frae the said Marie Scot, or yit sche stoppit, liindrit, or impedit in the peceable bruiking and joyseing thairof at hir plesour dureing all the dayes of hir lyftyme, upone the conditiones alwayes abone provydit ; off the quhilk annualrent of tua thowsand merkes, money abonewrittin, or incace of not redemptioun foirsaid of the saidis landis and barony of Eossie, and annwitie of the teindis thairof frae the said Sir Johne Broun and his said promeist spous, and thair abonespecifeit, as said is, of the said annualrent of ane thowsand pundis of the foirsaid annualrent of twa thowsand merkes, the said Sir Johne Broun bindis and obleissis him, his airis and successouris, to mak guid and thankfull payment to the said Marie Scott, his said promeist spous, dureing hir lyftyme, yeirly and termely at the termes abonementionat, alsweill not infeft as infeft, unentrit as entrit thairto ; beginnand the first termes payment thairof at the first terme of Witsonday or Mertimes nixt efter the deceas of the said Sir John Broun, if it sail happin the said Marie Scot to survive him ; and sua furth yeirly and termely thairefter at the saidis termes, dureing the said space of hir lyftyme, togidder with the sowme of ane hundreth pundis money foirsaid of liquidate expenssis toties quoties for ilk termes failzie .that sail happin, in thankfull payment of the said annualrent, and that by and attour the samyn annualrent : And farder, the said Sir Johne Broun bindis and obleissis him, and his airis, alsweill of lyne as maill taillie, conqueis, and provisioun, and successouris quhatsumever, con- junctlie and severallie, to provyd lawchfullie and effectuallie habili modo his landis, teindis, and utheris eftermentionat, videlicet, All and haill the foirsaidis landis of Colfargie, with houssis, biggingis, yairdis, wodis, fischeingis, pairtis, pendicles, and pertinentis thairof quhatsumever ; the foirsaidis landis of Eister and Wester Caries, with houssis, biggingis, yairdis, salmond fischeingis, ferrie boat, fischer landis, houssis, and pertinentis thairof quhatsumever, perteining and belonging thairto ; the foirsaidis landis of Haltoun; the foirsaid milne of Fargeis, and milne landis thairof; with houssis, biggingis, yairdis, multures, and sequellis of the saidis haill landis and barony of Abernethie, thirleit to the said milne useit and wont, with all thair pertinentis lyand as said is, excepting thairfrae the multures and sequellis of the foirsaidis landis of Carpow and utheris abonespecifeit, togidder with the teind scheawis of the saidis haill landis and annwitie of the foirsaidis teindis ; All and sundrie the landis of Eister Fordell, with the milne thairof, Blairstrowye and Cottounes, with the toure, fortalice, manor place, yairdis, orchardis, toftis, croftis, outsettis, annexis, pairtis, pendicles, and all their pertinentis quhatsumever, lyand in the barony of Dunkeld, within the said scheriffdome of Perth ; All and haill the landis of Wester Fordell, with the pendicle thairof callit Pareis, and all uthir pairtis, pendicles, and pertinentis thairof belonging thairto, quhilkis ar proper pairtis and pertinentis of the third pairt landis of the barony of Forgundenie, lyand within the said scheriffdome of Perth ; All and sundrie the landis and barony of Dewglie, with all and sundrie their pendicles, pairtis, annexis, connexis, biggingis, yairdis, toftis, croftis, outsettis, priviledges, commonties, pasturages, and all their pertinentis quhatsumever ; All and haill the milne of Arngosk, with the milne landis, multures, sequellis, annexis, connexis, and
APPENDIX. 211
pertinentis thairof ; And siclyk, all and sundrie the teind scheawis of the toun of Dewglie, with their pertinentis, lyand witliin the lordschip of Cambuskenneth and the said scheriffdome of Perth ; And all and haill ane annualrent of ellevin puudis ane shilling aucht pennies foirsaid yeirly, to be upliftit and taine at twa termes in the yeir, Witsonday, and Mertimes in winter, be equall portiounes, furth of all and haill the landis and barony of Glaines, with their pertinentis, or any pairt thairof, lyand within the scheriffdome of Forfar, quhilk annualrent is in compensatioun and satis- factioun of the lyk sowme of ellevin pundis ane shilling aucht pennies money foir- said, aucht to be payit be the said Sir Johne Broun, his airis and successouris, to the Erie of Kinghorne, his airis and successouris, for the dewtie of all and haill the saidis landis of Wester Fordell, with the pendicle thairof callit Pareis, with all uther pairtis, pendicles, and pertinentis thairof belonging thairto, quhilkis ar proper pairtis and pertinentis of the said third pairt landis and barony of Forgundenie, lyand as said is, specifeit and conteinit in the infeftmentis thairof, sua that if the said Sir Johne Broun, or his foirsaidis, sail be compellit to pay to the said Erie of Kinghorne, or his abonespecifeit, the foirsaid few dewtie of ellevin pundis ane shilling aucht pennies conteinit in the infeftmentis of the said land, that then and in that caice they sail have ingres in and to the foirsaid annualrent for thair releif of the said few dewtie, and that to and in favoures of the said Sir Johne Broun, and the airis lawchfullie to be procreat betwix him and the said Marie Scott, his said promeist spous, quhilkis failzieing, to the said Sir Johne Broun, his narrest and lauchfull airis maill and assigneyes quhatsumever, under the provisioun of reversioun efterspecifeit, videlicet : — That failzieing of the airis maill lawchfullie to be procreat betuix the said Sir Johne Broun and his said promeist spous, thair being dochter or dochteris ane or mae procreat of the said mariage, it sail be leisum to the saidis airis maill lawchfullie to be gottin of the said Sir Johne, his awin bodie, with anie uther spous quhom it sail happin him to marie, to redeime the haill landis, teindis, and utheris foirsaidis, frae the dochteris ane or mae to be gottin betuix him and the said Marie Scott, his promeist spous, be payment to them of the sowmes of money underwritten, viz., if thair be ane, to hir the sowme of tuentie thowsand merkes money abonewrittin ; and if thair be tua or mae, to them the sowme of tuentie sevin thowsand merkis money abonewrittin, to be divydit amonges them in maner following : — To wit, to the eldest the sowme of ten thowsand merkes thairof ; to the remanent, equallie amonges them, the rest of the said sowme of tuentie sevin thousand merkes, extending to the soume of sevinteine thowsand merkes money abonespecefeit ; and that at thair aiges of fyftein yeiris compleit, or if they be inariet before thair saidis aiges, at the first terme of Witsonday or Mertimes nixt efter thair saidis mariage, their saidis parentis or aither of them being departit this lyfe before that tyme, and if not, at the first terme of Witsonday or Mertymes nixt efter the deceas of aithir of thair saidis parentis ; togidder with annualrent and profeit for the saidis sowmes at the rait of aucht merkes for ilk hundreth merkes thairof, and that yeirly and termlie proportionalie efter the terme of payment thairof, ay and quhill the saidis dochteris be compleitlie payit of the samen : The place of redemptioun to be in the utter hous of the new
212 . APPENDIX.
Sessioun hous of Edinburgh, at the pulpit fute thairof; and the consignatioun in caice of absence or refuisall to be in the handis of the thesaurer or deane of gild of the burgh of Edinburgh, upone the premonitioun of fourtie dayis preceiding any feist of Witsonday or Mertymes, in present of ane notar and witnessis as effeiris : Provyd- ing lykwayis, that thir presentis, or the infeftment or sasine to follow heirupone, sail serve for ane sufficient reversion for redemptioun of the landis and utheris foirsaidis, in maner abonementionat : And for the effect abonewrittin, the said Sir Johne Broun his maid, constitut, and ordanit, and be thir presentis, rnakis, constitutis, and ordaines, . . . and ilk ane of them conjunctlie and severallie, his verie lawchfull, undubtit, and irrevocable procuratores, actores, factores, eirand beireris, and speciall rnessengeris, to the effect underwritten, giveand, grantand, and committand to them, and ilk ane of them conjunctlie and severalie, as said is, his verie full, frie, plaine power, speciall maudament, expres bidding and chairge, for him, and in his name, to compeir before his immediat lawchfull superioris of the landis and utheris foirsaidis, thair airis or successouris, or befoir thair or any of thair commissioneris haveing thair or any of thair power and commissioun to receave resignatiounes in thair or any of thair names, at cpuhatsumever day or dayes, place or places convenient ; and thair with all humilitie and condigne reverence, as becumes, to resing, surrander, upgive, and overgive, lykas the said Sir Johne Broun, be thir presentis, resignes, surranderis, upgives, and over- gives, all and sundrie the landis and baronie, milnes, teind scheawis, and utheris abonewrittin, with all thair pairtis, pendicles, and pertinentis abone expremit, lyand as said is, in the handis of his immediat lawchfull superioris thairof, thair airis or succes- souris, or of thair or any of thair commissioneris haveing thair or any of thair power or commissioun to receave resignationes in thair or any of thair names, in favoures and for new infeftment of the samyne, to be maid and grantit to the said Sir Johne Broun, and the airis lawchfullie to be procreat betwix him and the said Marie Scott, his said promeist spous, quhilkis failzieing, to the said Sir Johne Broun, his narrest and lawfull airis maill, and assigneyes quhatsumever, yeirly, under the provisioun and conditioun of reversioun abonementionat, to be conteinit and insert in the saidis infeftments, and ilk ane of them, per expression, in dew and competent forme, togidder with all richt, title, entres, and claime of richt quhilk the said Sir Johne Broun, and his airis or assigneyes, had, have, or anywayes may have, or claime in and to the landis and utheris forsaidis, or any pairt thairof, in tyme cuming, aetis, instrumentis, and documentis neidfull thairupone, to take, ask, lift and raise, and generallie all and sundrie uther thingis in the premissis that to the office of procura- torie in sic caices of the law and consuetude of this realme ar knawin to appertein, to doe, use and exerce, siclyk and als friely in all respectis as the said Sir Johne may doe thairin himself, if he wer personallie present, promitting to hald firme and stable all and quhatsumever his saidis procuratores or any of them in the premissis lawch- fulie dois. And mairattour, in caice it sail happin that thair be no airis maill pro- creat betuix the said Sir Johne and his said promeist spous, hot dochter or dochteris ane or mae, and that the said Sir Johne Broun sail have airis maill lawchfulie to be gottin betuix him and another spous quhom it sail happin him to marie, then and in
APPENDIX. . 213
that caice the said Sir Johne Broun binclis and obleissis him and his foirsaidis to pay, or caus the said airis maill to be gottin betuix him and ane other spous quhom it sail happin him to marie to pay, to the dochter or dochteris to be gottin betuix him and the said Marie Scott, the sownies of money abonementionat, conteinit in the foirsaid reversioun conceavit in favoures of the saidis airis maill for redemptioun of the landis and utheris abonespeeifeit, frae the airis quhatsumever of the said mariage, failzieing of airis maill to be procreat of the samyn mariage ; and that at the tymes abonementionat with the annualrent thairof foirsaid tharefter, quhill the payment of the samyn; and in the meintyme to educat, sustein, and intertein the saidis dochteris honestlie and vertuouslie, according to thair rank and degrie, ay and quhill the tymes foirsaidis appoyntit for payment of thair saidis sowmes. And in lykmaner the said Sir Johne Broun bindis and obleissis him and his abonespeeifeit be his moyan, and upone his owin charges and expenssis to purches, procure, and to caus pas and exped the haill infeftmentis abonewrittin of the annualrent, landis, and utheris foirsaidis alsweill conceavit in favoures of the said Marie Scot as of the said Sir Johne Broun himselff, and his airis of taillie and provisioun abonementionat : For the quhilkis caussis, the said Sir James Scot of Bossie, be thir presentis, bindis and obleissis him, and his airis alsweill of lyne as maill tailzie, conqueis, provisioun, and successouris quhatsumever, conjunctlie and severallie, to make dew and lawchfull resignatioun of all and haill the baronie of Bossie, comprehending the landis and utheris eftermentiounat, viz., All and haill the landis of Eister Bossie, with the haill maner place, yairdis, orchardis, doucat, annexis, connexis, outsettis, pairtis, pendicles, and pertinentis thairof, also all and sundrie, the toun and landis of Wester Bossie, and thrie thirdis or third pairtis of the samyn conqueist and acquyrit be James Bonar, suintyme of Bossie, frae the persounes efterspecifeit, heretabill fewares thairof for the tyme ; — To wit aue third or third pairt thairof frae umquhill James Scrimgwur of Myres ; ane uther third or third pairt thairof frae John Bonar, elder of Lumquhat ; and the third or third pairt thairof frae Thomas Hardie in Dafmill; togidder with all and sundrie, houssis, biggingis, dowcat, yairdis, outsettis, cottagis, annexis, con- nexis, pairtis, pendicles, and pertinentis thairof quhatsumever; togidder also with all and haill the loch of Bossies, eilark thairof, myres of Bossies, meidowis, parkis, inches, and gallis of the saidis loch and myres of Bossies; as also with the fischeingis, alsweill be cobles, boatis, nettis as uthir wayes howsoever, within the haill loch, and with all uther pairtis, priviledges, pendicles, and pertinentis quhat- sumever of the landis and utheris abonewrittin, lyand within the stewartrie and sheriffdome of Fyff, and within the speciall and particular boundis, meithis, and nierches efter specifeit, viz., beginnand at the eist, at the dyk callit Bonares dyk, thairfrae southeist be the marchestaines imput in the sched of laud callit Drumlaw, to the well callit Lochtorie, quhilk devydis the landis of Eister Bossie frae the landis of Kiuloch, and frae the said well passand southwest be the end of the arable landis of Kinloch, Eister Kilquhis, and the moss callit Bowhousmoss, quhill it cum to the burne callit the Lochburne, and dischendand southwest as the burne runnes to the Lochburne latch, and frae that west and south as the burne runnes quhill it cum to
214 APPENDIX.
the landis of Wester Kilqulris be the west eilstand, and frae then west as the dyk quhilk devydis the landis and Eister Kilquhis frae the rnyre of Eossie, quhill it cum to the southwest nwik of the samyn dyk, and therefrae west or thairby to the burne of Auchtermuchtie, callit the meidow landis and ascending the samyne burne to the stank quhilk divydis the myre of Eossie, frae the arable landis of Auchtermuchtie callit the meidow landis, and passing up the samyn stank to the myre yet and brigendis of Wester Eossie ; and thairfrae passand up the wester side of the arable landis to the west den of Eossie wester, and passand throw the midis of the said den be ane stryp to the quhyt feild, and thairfrae to the hiegait leidand be Mairis landis, Lumquhatmilne, and frae the samyn hiegait eist and north betuix the arable landis of Lumquhatmilne and Lumquhat, be ane stryp to Sir Thomas land endis, and passand eist the said stryp quhill it cum to the marche staines betuix the arable landis of Lumquhat and Wester Eossie, and donn be the saidis marche staines to the inarch staines betuix Lumquhat and Eister Eossie, and doun Glencortas den be the saidis marchstaines, and thairfrae northeist to the Lochie heid dyk, and thairfrae be the marchestaines to the den betuix the landis of Weddersbie and Eister Eossie, and donn the said den be the marchestaines to the foirsaid dyk, callit Bonares dyk, quhair the saidis marches began : And lykwayis all and haill the milne of Lumquhatis, with the houssis, milne landis, and all thair pertinentis, lyand within the lordschip of Fyff and sheriffdome of Fyff, abonespecifeit, betuix the landis of Wester Eossie on the eist, the lands of Auchtermuchtie on the west, and the burne runing frae the said milne on the north, and the vater of Bervie on the south, on the ane and uthir pairtis : And siclyk the commoun pasturage belonging to the said milne and milne landis in the suaird eird towardis the eist, and the Loch of Eossie dischending be the quhytfeild, and westwith to Saint Brydiswell in the. swaird betuix the burne and courtgait, togidder with all and sundrie frie and thirlit multures, suckin, and uthir priviledges, liberties, coinmonties, and commodities quhatsumever uset and wont, belonging to the said milne and milne landis : And in lyk maner, all and sundrie the teind scheawis and utheris teindis, alsweill personage as viccarage, of all and haill the foirsaidis landis of Eister Eossie and Wester Eossie, and landis of Nether Eossie, quhilk is ane pairt of the saidis landis of Eister Eossie, and of the said milne of Lumquhat and milne landis thairof, with pairtis, pendicles, and pertinentis of the samyne, lyand within the parochin of Cullessie, stewartrie and sheriffdome abonewrittin, all unit and erectit in ane baronie callit the baronie of Rossie ; togidder with the annwitie of the saidis teindis of the foirsaidis haill landis and baronie, in the bandis of His Majestie or his heines successouris, the said Sir James Scottis immediat lawchfull superioris thairof, or of his or thair commissioneris, having his or thair power or commissioun to resave resignatioun in his or thair names, in favoures and for new infeftment of the saymn, to be maid and grantit to the said Sir Johne Broun and the said Marie Scott his said promeist spous, the langest livar of them tua, in conjunct fie, and the airis lawchfullie to be gottin betuix them, quhilkis failzieing to the airis lawchfulie to be gottin of the said Marie Scot hir awiti bodie with any other husband quhom it sail happin hir to marie, quhilkis failzieing to Anna Scott, hir sister germane, and the airis
APPENDIX. 215
lawfullie to be gottin of hir awin bodie, quhilkis failzieing to the said Sir James Scot, his narrest and lawfull airis, or in his optioun to any uthers his airis or assigneyes to be namit, maid, constitut, designit, or ordainit be him be nominatioun, assignatioun, dispositioun, or quhatsumever uthir maner of way, at any tyme of his liftyme, albeit at the poynt of death, conforme to the priviledge conteinit in the last infeftment grantit be His Majestie, under the great seill to the said Sir James Scott, of the landis and baronie abonementionat, quhilkis failzieing to the said Sir James his narrest and lawful airis and assigneyes quhatsumever, heretablie, in dew and competent forme, under the reservatiounes, reversioun, provisiounes, and conditiounes eftermentionat. And in lykmaner, the said Sir John Broun biudis and obleissis him and his abonespecifeit to mak good and thaukfull payment to the said Anna Scott, youngest lawfull dochter to the said Sir James, of the sowme of twentie thowsand merkes money foirsaid, at hir age of fyftein yeiris compleit or sooner at the first terme of Witsonday or Mertimes nixt efter the tyme of hir mariage, if she beis mariet before she attein to the said age of fyftein yeiris, togidder with annualrent and profeit for the said principall sowme at the rait of the cwntrie for the tyme, yeirly, termly, and proportionallie, efter the terme of payment thairof abonespecifeit, ay and quhill the samyn be pay it : Off the quhilk annualrent, the saidis Sir James Scot and Sir Johne Broun bind and obleis them aither of, and thair foirsaidis, to pay the ane half dureing the lyftyme of the said Sir James Scott, with this provisioun and declaratioun allwayis : That if it sail happin the said Anna Scot to depairt this lyfe onmariet, or within the space of yeir and day nixt efter hir maviage, but bairnes, ane or mae, lawfulie procreat of hir awin bodie, that then and in that caice the said Sir James Scott and Sir Johne Broun sail be Me of all payment to hir, hir airis, executoris, or assigneyes, of the said soume of tuentie thousand merkes, or any pairt thairof, or any annualrent for the samyn. And lykwayis, the said Sir Johne Broun bindis and obleissis [him] and his foir- saidis to pay to the dochteris ane or mae lawfulie procreat, or to be procreat, of the said Sir James Scottis awin bodie, if thair be bot ane, to hir the sowme of ten thow- sand merkes, and if thair be mae nor ane, to the eldest the soume of ten thousand merkes, and to everie ane of the rest the sowme of sax thowsand merkes abone- specifeit at thair ages of fyftein yeiris compleit, togidder with annualrent and profeit for the samyn, at the rait of the cowntrie for the tyme, yeirly, termlie, and pro- portionallie, efter the termes of payment thairof foirsaidis, ay and quhill the samyn be compleitlie payit, and in the meintyme to educat, sustein, and intertein the saidis dochteris honostlie and vertuouslie, according to thair estait and degrie efter the deceas of the said Sir James Scot, thair father : Reserveand alwayis lykas be the said infeftment thair sail be speciallie reservit to the said Sir James Scott his frank tenement or lyferent of the haill landis, baronie, milne, loche, fischeingis, teindis annwitie, and vthir foirsaidis, dureing all the dayes of his lyftyme : And lykwayes reserveand to the said Dame Antonia Willobie hir lyferent of the landis and utheris underwrittin, viz., of all and sundrie, the foirsaid toun and landis of Wester Bossie, and thrie thirdis or thrie third pairtis thairof abonementionat, con-
216 APPENDIX.
queist and acquyrit be the said James Bonar, sumtyme of Eossie, frae the foirsaidis persounes heretabill fewaris thairof, togidder with all and sundrie houssis, biggingis, yairdis, outsettis, cottagis, annexis, connexis, pairtis, pendicles, and pertinentis thairof quhatsumever, togidder also with that pairt of the said inaner place of Eossie, callit the New-work ; All and haill the foirsaid milne of Lumquhat, milne landis, common pasturage thairof abonespecifeit, and all and sundrie the frie and thirle multures, suckin priviledges, liberties, commonties, and commodities quhatsumever, useit and wont, belonging to the said milne and milne landis, togidder with the teindis of the foirsaidis landis, and annwitie of the saidis teindis ; And als reserve- and to the said Dame Antonia Willobie hir lyferent of all and haill ane annualrent of sex chalderis victual! tua pairt aitis and third pairt beir, good and sufficient mer- chandice yeirly, to be upliftit and taine betuix the feistis of Ywill and Candilmes furth of the remanent of the saidis landis and baronie of Eossie, not reservit to hir in lyferent as said is, or furth of any pairt thairof, lyand as is abonementionat, and that in full contentatioun and satisfactioun to the said Dame Antonia Willobie of hir terce and third pairt of the saidis remanent, landis, and baronie, and of all uthir landis, heretages, and annualrentis that may belong to hir or pertein to hir, or that she may ask or claime be deceas of the said Sir James Scot, hir husband, if it sail happin hir to survive him : Provyding also lykas be the said infeftment to follow heirupone it sail be speciallie provydit that the saidis haill landis and baronie of Eossie, with the annwities of the teindis thairof, sail be redeimable be the airis maill lawfulie to be procreat of the said Sir James Scottis awin bodie with the said Dame Antonia Willobie, or any uthir spous quhom it sail happin him to marie, frae the said Sir Johne Broun and his said promeist spous and their foirsaidis, be payment or consignatioun of the sowme of tuentie sevin thowsand merkis money abone- writtin, upone any Witsonday, upone the premonitioun of fourtie dayis of befoir, in presence of ane notar and witnessis as effeiris, the place of redemptioun to be within the utter hous of the said new Sessioun hous of Edinburgh, at the pulpit foot thairof, and the consignatioun, incaice of absence or refuisall, to be in the handis of the thesaurer or deane of gild of the said brught of Edinburgh, upone the hazard and perrill of the consigner : With this provisioun also to be conteinit in the said infeftment, lykas be thir presentis it is expreslie provydit, that if it sail happin the said Sir Johne Broun or his foirsaidis to have maid payment to the said Anna Scott or to any mae of the dochteris procreat or to be procreat of the said Sir James Scotis awin bodie, of the sowmes of money abonementionat heirby appoyntit to be payit to them as said is, or any annual rentis theirof, that then and in that caice it sail not be leisum to the saidis airis maill, or any uthiris his airis and assigneyes abone- mentionat, to redeime the landis, baronie, and uthiris foirsaidis quhilkis formerlie per- teinit to the said Sir James Scott frae the said Sir Johne Broun and his said promeist spous, and thair abonespecified, unto the tyrne and quhill the saidis sowmes and annualrentis thairof be refoundit to the said Sir Johne Broun or his abonewrittin. And if the saidis sowmes beis not payit, the saidis landis, baronie, and utheris foir- saidis sail not be redeimable quhill the saidis airis maill and utheris foirsaidis give
APPENDIX. 217
guid and sufficient securitie to the said Sir Johne Broun and his abonespecifeit for thair warrandice and releiffe of the saidis haill so wines, quhairof the said Sir Johne is obleist, ta mak payment to the said Sir James Scottis dochteris foirsaidis, procreat [or] to be procreat of his awiu bodie : And sicklyk, it is heirby provydit, lykas be the said infeftment appoyntit to follow heirupone, it sail be speciallie provydit that if thair beis no airis lawchfulie gottin betuix the said Sir Johne Broun and his said promeist spous, and that the landis and utheris foirsaidis beis not redeimit be the said Sir James Scotis airis maill of his awin bodie frae the said Sir Johne Broun and his said promeist spous and thair foirsaidis in the said Sir John Brounes awin lyftyme, be payment of them, or consignatioun to thair behuife, of the said sowme of tuentie sevin thowsand merkis, that then and in these caices the said Marie Scot and hir airis of taillie abonementionat sail be haldin, lykas the said Marie, with consent of hir said father, as lawfull administrator to hir for his entres be thir presentis, bindis, and obleissis hir and hir airis of taillie forsaidis, to pay to the said Sir Johne Brounes airis or assigneyes quhatsumever the said sowme of tuentie sevin thowsand merkes money abonewrittin, at the first terme of Witsonday or Mertimes nixt efter the deceas of the said Sir Johne Broun, with annualrent thairfoir thairefter at the rait of the cwintrie for the tyme quhill the payment of the samyn, togidder also with the foirsaidis sowmes of money heirby appoyntit to be payit to the said Anna Scot and remanent dochteris procreat of the said Sir James Scotis awin bodie, principall and annualrentis, quhairof it sail happin the said Sir Johne Broun to have maid pay- ment of before ; and if the saidis sowmes beis not payit be the said Sir Johne Broun, in that caice to give sufficient securitie to warand and releive his airis, suc- cessouris, and executoris thairof: And farder, it is heirby provydit and declairit that if the landis and utheris abonewrittin, quhilkis formerlie perteinit to the said Sir James Scot as said is, sail be redeimit be his saidis airis maill lawfulie to be gottin of his awin bodie, frae the said Sir Johne Broun and his said promeist spous and thair foirsaidis dureing the lyftyme of the said Sir Johne Broun, or if it sail happin that thair be no airis lawfulie gottin betuix the said Sir Johne Broun and the said Marie Scot his promeist spous, quhairby the said Marie or hir airis of taillie abonewrittin will be haldin to pay to the said Sir Johne Brounes airis or assigneyes the foirsaid sowme of tuentie sevin thowsand merkes money abonespecifeit, that then and in these caices, of aither of them, the said soume of tuentie sevin thowsand merkes is givin and pro- vydit be the said Sir James Scott, and acceptit and resavit be the said Marie Scot and the said Sir Johne Broun, hir said promeist spous nomine dotis, and in full contentatioun of all landis, teindis, heretages, annualrentis, takis, sowmis of money, guidis, and gear quhatsumever that may pertein and belong to hir, or that she may ask or claime be deceas of the said Sir James Scott and his said spous, or aither of them : And lykwayes it is heirby provydit and declairit that the remanent sowmes of money abonementionat heirby provydit and appoyntit to be payit to the remanent dochteris foirsaidis procreat, and to be procreat, of the said Sir James Scotis awin bodie, ar heirby appoyntit to be payit to them in full contentatioun and satisfactioun of all landis, annualrentis, takis, steidingis, rowmes, possessionnes, guidis, gear, and all uthir thingis quhatsumever that
2 E
218 APPENDIX.
[they] may ask or clainie be and throw the deceas of the said Sir James Scot and his said spous, or aither of them, as bairnes pairt of gear, portioun naturall, or any uthir maner quhatsumever, alsweill not exprest as exprest : And for making of the said resignatioun, the said Sir James Scott has maid, and constitut and ordainit, and be tliir presentis makis, constitutes, and ordaines
and ilk ane of them, conjunctlie and severallie, his verie lawfull, undoubtit, and irrevocable procuratores, actors, factores, eirand beireris, and speciall messengeris, to the effect underwrittin, giveand, grantand, and committand to them, and ilk ane of them conjunctlie and severallie as said is, his verie full, frie, plaine power, speciall mandament, expres bidding, and chairge for him, and in his name to compeir before our Soverane Lord, or his hienes successouris, the said Sir James Scotis immediat lawfull superioris of the landis and baronie of Kossie and annwitie of the teindis thairof, or before his or thair commissioneris haveing his or thair power or commissioun to resave resignationes in his or their names, at quhatsumever day or dayis, place or places convenient, and thair, with all humilitie and condigne reverence as becomes, to resigne, surrander, upgive, and overgive, lykas the said Sir James Scot, be thir presentis, resignes, surranderis, upgives, and overgives, All and haill the saidis landis and baronie of Eossie, comprehending as said is, with the annwitie of the teindis thairof in the handis of our said Soverane Lord or his hienes succes- souris, or of his or thair commissioneris, haveing his or thair power or commissioun to resave resignatiounes in his or thair names, in favoures and for new infeftment of the samyn, to be maid and grantit under the great saill to the said Sir Johne Broun and his said promeist spous and the langest liver of them tua in conjunct fie, and to thair airis of taillie and provisioun foirsaidis heretablie (under the reserva- tiounes, reversioun, provisiounes, and conditiounes abonementionat) in dew and com- petent forme, togidder with all richt, title, entres, and claimes of richt quhilk the said Sir James Scot, his airis or assigneyes had, have, or anywayes may have or claime, in and to the landis, baronie, and vtheris foirsaidis, or any pairt thairof in tynie cumiug, renunceing the samen for him and his foirsaidis to aud in favoures of the said Sir Johne Broun and his said promeist spous and thair abonespecifeit (under the reservatiounes, reversioun, provisiones, and conditiounes foirsaidis) for now and ever, Actis, instrumentis, and documentis neidfull thairupone to tak, ask, lift, and rais and generallie all and sundrie uther thingis in the premissis that to the office of procuratorie in sic caices of the law and consuetuide of this realme ar knawin to appertein, to doe, use, and exerce siclyk, and als frielie in all respectis as the said Sir James Scott micht doe thairin himself if he wer personallie present : Promitting to hold firme and stable all and quhatsumever his saidis procuratores or any of them in the premissis lawfulie dois : And mair attour, the said Sir James Scot, bindis and obleissis him and his foirsaidis to accept and resave the said Sir Johne Broun and his said promeist spous in familie with himself, and to intertein them and their bairnes and servandis as he dois him selff, his awin wyfe, bairnes, and servandis sua lang as they can agrie to live altogidder ; and to pay to the said Sir Johne Broun and his said promeist spous dureing that space for keiping of thair pnrss the sowme of
APPENDIX. 219
fyve hundreth merkes money foirsaid at the saidis tua termes in the yeir, Witsonday and Mertime's in winter, be eqnall portiounes, beginnand the first termes payment thairof at the first terme of Whitsonday or Mertymes nixt, efter the solemniza- tiouu of the said mariage ; and if all the saidis pairtis be not content to live in houshold and familie togidder with the said Sir James Scot, and that the said Sir Johne Broun and his said promeist spous and their foirsaidis sail remove themselfis frae the familie of the said Sir James and live vpone thair awin estait, then and in that caice the said Sir James Scott bindis and obleissis him and his abonespecifeit to mak payment to the said Sir Johne Broun and his said promeist spous or thair foir- saidis of ane yeirly devvtie of ane thowsand merkes money abonewrittin at the saidis tua termes in the yeir, Witsonday, and Mertymes in winter, be equall portiounes, beginnand the first termes payment thairof at the first terme of Witsonday or Mertymes nixt efter it sail happin the said Sir John Broun and his said promeist spous or thair foirsaidis to seperat themselfis frae the familie of the said Sir James Scott, and sua faith yeirly and termlie thairefter dureing the lyftyme of the said Sir James : And lykwayes the said Sir James Scot bindis and obleissis hjni and his foir- saidis be his awin moyan, and upone his awin chairges and expenssis, to purches, pro- cure, and caus pas and exped the infeftment abonewrittin of the foirsaid landis and baronie of Bossie, with the teindis and annwitie thairof : And in lyk maner, fforsa- meikle as His Majestie, be his hienes letres of pensioun of the dait the tuentie nynt day of Junij Jmvjc threttie nyn yeiris, gave, grantit, and disponit to the said Sir James Scot and Dame Antonia Willobie his spous, dureing all the dayes of thair lyf- tyme, and to the langest liver of them tua, in yeirly pensioun, all and haill the sowme of ane thowsand merkes money abonespecifeit, yeirly to be upliftit at tua termes in the yeir, Witsonday, and Mertymes in winter, be equall portiounes, out of the first and rediest of His Majesties dewties and casualities quhatsumever of the Kingdome of Scotland, beginand the first termes payment thairof at the feist and terme of Mer- tymes the said yeir Jmvjc threttie nyn yeiris, as the foirsaidis letres of pensioun of the dait abonewrittin at mair lenth proportis, theirfor the said Dame Antonie Willobie, with consent of the said Sir James Scot, hir spous, be thir presentis makis and constitutis the said Sir Johne Broun dureing the space of hir lyftyme efter the deceas of hir said spous, hir verie lawfull, undoubtit, and irrevocable cessioner, assignay, and procurator in rem suam in and to the foirsaid yeirly pensioun of ane thowsand merkis specifeit in the saidis letres of pensioun, and, be thir presentis, sur- rogatis and substitutis the said Sir Johne dureing the said space in hir full richt, title, and place of the foirsaid pensioun, with full power to the said Sir Johne Broun to ask, crave, resave, intromet with, and uptak the foirsaid yeirly pensioun of all yeiris and termes etter the deceas of the said Sir James Scot dureing the lyftyme of the said Sir Johne Broun and of the said Dame Antonia Willobie, baith livand togidder, and thairupone to dispone at his plesour, and to call and persew thairfoir as accordis of the law, and to give acquittances and dischairges thairupone, transact, compone, and agrie thairanent, siclyk and als freilie in all respectis as she, with con- sent of hir said spous, micht have done hirself befoir the making heirof, and as if
220 APPENDIX.
thir presentis had not bein maid be hir with his consent ; quhilk assignatioun abonewrittin the said Dame Antonia Willobie, with consent of hir said spous,. for his entres, bindis and obleissis hir to warrand to the said Sir Johne Broun frae hir awiu proper fact and deid allennavlie : It is alwayis declairit that if the said Dame Antonia Willobie sail survive the said Sir Johne Broun, that then she sail returne to her former richt and title of the said pensioun dureing the space of hir lyftyme, siclyk as if the assignatioun thairof abonewrittin had not bene made be hir, with cousent of hir said spous, to the said Sir Johne Broun : And with declaratioun that the said yeirly pensioun sail pertein to the said Sir James Scot dureing all the dayis of his lyftime, notwithstanding of the assignatioun foirsaid, siclyk as if the samen had never bein made : And if it sail happin any of the saidis pairties or persounes to failzie in thankfull performance of any pairt of this present contract, then, and in that caice, the pairtie or persoun failzieing bindis and obleissis them and thair foirsaidis to pay to the uther pairtie or persoun damnifiet be the said failzie, the soume of ane hundreth pundis money abonewrittin, Mies quotics, for ilk failzie that sail happin, but prejudice alwayis of performing of the haill premissis : And for the mair securitie, baith the saidis pairties ar content and consent that thir presentis be insert and registrat in the builds of Counsell and Sessioun, to have the strenth of ane act and decreit of the Lordis thairof, that lettres and executoriallis of horning be ane simple chairge of sex dayis onlie, and utheris lettres and executoriallis neidfull may be derect heirupone in forme as effeiris ; And for registering heirof constitutis
thair procuratores promittentes de rato. In witnes quhairof they have subscrivit thir presentis with thair handis (writtin be Alexander Adamsone, servitour to Mr. Francis Hay of Balhoussie, wreitar to His Majesties signet), day, yeir, and place foirsaidis, befoir thir witnessis, Sir Michael Balfour of Denmilne, knicht ; Andro Lundie, sone lawfull to umquhill Andro Lundy of Coudlane ; Mr. Johne Litiljohne, minister at Cullessie ; and Alexander Merschell, notar in Falkland, and hilar up of the blankis dait and witnessis names, and of the aditiounes on the margentis of this present con- tract ; and Johne Bonar, fiar of Lumquhatte (sic subscribitur) Jo. Brouue, J. Scott of Bossie ; Antonia Willoughby, Mary Scott, S. M. Balfoure of Denmilne, witnes ; J. Bonnar, witnes ; A. Lundy, witnes ; Mr. Johne Liteljohne, witnes ; Alexr Mer- schell, notar, witnes.
STEWART OF STICKS.
(County Perth.)
As borne by the family, Scotland quartering Stewart, all
within a Bordure engrailed.
SCOTT* fERGU30H EDINBURGH
HALYBURTON.
Or, on a bend azure three Mascles of the field.
(Funeral Escutcheon in the Lyon Office.)
SCOMSrrflCllSGnCDINBUHGH
BOSWELL OF BALMUTO.
(County Fife.)
First and Fourth, argent, on a Fess sable three Cinquefoils . of the first, for Boswell ; Second and Third, or, a Lion rampant gules armed and langued azure debruised of a Ribbon sable, for Abernethy.
{Illuminated MS. of Sir David Lindsay, Lyon King of Arms, A.D. 1542. )
.:■>-"•
MASTERTON OF MASTERTON- BEATH. (County Fife.)
|
k'ii |
e> |
|
& ^ ci |
|
|
^■r4\t 'fufl |
|
|
WL&-:£3 |
Azure, an Eagle displayed or, impaling argent, a Cheveron gules on a chief of the last, a Crescent of the first.
(Seal, 1588, of Robert Masterton of Bad (Bcath), and Lyon Register; 'tincture of chief changed to azure, but in old MS. it is gules.)
SCOlt* FCKGUSON EDINBURGH
GRAEME OF INCHBRAKIE.
(County Perth.)
Or, a wall or dyke fessways azure broken down in some parts, in base a Rose gules, on a chief sable three Escallops of the first.
{Lyon Register.)
■ cc in tciuau&cn
LORD MELVILLE.
Quarterly ; First and Fourth gules, three Crescents argent within a Bordure of the second, charged with eight Roses of the first ; Second and Third argent, a Fess gules.
(Lyon Register.)
SCOItS rcnGLjOH CPtNBURCH
LUMSDEN OF CONLAND.
(County Fife.)
Argent, a Cheveron sable between two Wolves' Heads couped gules in chief and an Escallop vert in base.
(Illuminated MS. of Sir David Lindsay, Lyon King of Anns.)
HCUSON LUiNBURM'
BRUCE OF KENNET.
(County Clackmannan.)
Or, a Saltire gules, on a chief of the second a Mullet argent.
{Lyon Register.)
scoria rERCu:OH Edinburgh
OLIPHANT OF GAS!
x.
y y
Gules, three Crescents argent.
{Lyon Register. It has not been ascertained what difference, if any, the first family of Gash bore.)
SCOTT l rtRCUSON EDINBURGH
MONTGOMERY OF SKELMORLIE.
County Ayr, Bart.
Quarterly, First and Fourth azure, three Fleurs-de-lis or ; Second and Third gules, three Annulets or stoned azure ; over all a Sword in pale proper.
{Lyon Register, i$th December 1731.)
SCOTT J FiSCuSdN f MneuR H
HAMILTON OF GILKERSCLEUCH.
(County Lanark.)
Gules, three Cinquefoils ermine within a double Tressure flowered, counter-flowered of Fleurs-de-lis or.
(Lyon Register!)
SCOTT 4 'CRGUSON.EOIMBUKCH
BRUCE OF WESTER ABDEN.
(County Fife.)
Or, a Saltire gules, on a chief of the second three Fleurs-de-lis of the first.
(Lyon Register, A.D. 1676.)
SCOTlifERCUSOH tOlNeufiGH
CLARK OF BALBIRNY AND PITTEUCHAR.
(County Fife.)
Quarterly ; First, sable, a Star of eight points wavy argent ; Second and Third, or, three Bendlets sable ; Fourth, sable, two Bars ermine.
(AfSS. in the Lyon Office ; there is a considerable variation in the Blazons.)
ALEXANDER OF SKEDDOWAY.
(County Fife.)
Parted per pale argent and sable, a Cheveron, and in base a Crescent counterchanged.
{Illuminated MS. in the Lyon Office, Wood's " East Nenk of Fife.")
SC01T* FERGUSON E[)(U BURGH
PARISH, BARON OF SENFTENBERG,
in Austria.
Parted per fess gules and azure, in chief a Unicorn's Head couped argent, in base a Boar passant sable on ground vert.
(Armorial General par J. B. Rietstap.)
[RCUSON EDINBURGH
SANDFORD OF SANDFORD.
(County Salop.)
Quarterly per Fess indented azure and ermine.
(Edmonson's Heraldry, Noble and Gentle Men of England.)
SCOn S FERCU30N coingurch
ANDERSON OF HALYARDS.
(County Peebles.)
Argent, a Saltire engrailed sable between two Crescents in chief and base, and as many Mullets in flank gules, a Bordure wavy of the last for difference.
(Lyon Register 1732, for Michael Anderson of Tushilaw.)
SCOTT i 'EKCUSON EDIW6URGH
BROWN OF ASHLEY.
(County Edinburgh.)
Parted per cheveron gules and sable, a Cheveron between two Fleurs-de-lis in chief and a Cushion in base or.
{Lyon Register.)
SC01T S FERGUSON r.DIWRURCH
; i
STOTHERT OF CARGEN, in the
Stfavartry of Kirkcudbright.
pns
Argent, a Cock gules between three Stars of six points sable, on a chief of the second three Cushions or.
{Lyon Register, 16 th December 1814.)
SCOTT & rCKGU.ON [OINBURG H
HAY-GORDON OF AVOCHIE.
(County Aberdeen.)
|
^^5-1^B |
j |
|
Jh |
Quarterly. First and Fourth azure, on a Cheveron between three Boars' Heads couped or a Hand grasping a Sheaf of Arrows proper, for Gordon ; Second and Third quarters counter-quartered, first and fourth argent, three Inescutcheons gules ; second and third azure, three Fraises argent ; in the centre a Crescent gules, all within a Bordure also gules for difference, for Hay.
{Lyon Register, 1857.)
SCOTT!'
HILL, descended from Hill of Lambhill. (County Lanark.)
Azure, a Mount or with the Sun rising and appearing over the top thereof in his splendour.
(Lyo?i Register, igth July 1676.)
SCOT! S f fCUSON EDINBURGH
BUCHANAN OF ARDEN.
(County Dumbarton.)
Or, a Lion rampant sable holding in his dexter fore paw a dagger proper within the Royal Tressure of the second, a bordure gules for difference.
{Lyon Register.)
SCOIT & rthCUiOH COtneURGH
MACKENZIE OF TARBAT,
Sir John, Bart., 1628.
Quarterly, Macleod and Mackenzie. {Funeral Escutcheon in the Lyon Office.)
ER6US0H tDiMBURCH
MACKENZIE OF TARBAT,
Sir George, Bart.
Parted per pale or and azure, in the dexter a Mountain of the second inflamed proper, for M'Leod of Lewes, in the sinister a Deer's Head cabossed of the first, for Mackenzie ; over all a Pale sable charged with an Imperial Crown proper, for Erskine of Innerteil.
(Lyon Register, about 1673.)
SCOTT i FEHGU;0H tDINfiURGM
MACKENZIE, EARL OF CROMARTIE.
Quarterly ; First, Macleod ; Second, Mackenzie ; Third, gules, three Legs in armour proper garnished and spurred or, flexed and conjoined in triangle at the upper part of the thigh, for the Lordship of the Isle of Man ; Fourth, Erskine of Innerteil.
{Lyon Register.)
SCOTT* fERCUJOM [DIN BURGH
JOHN BROWNE OF HINGINGSYDE.
Azure, a Cheveron invecked between three Fleurs-de-lis or. (Lyon Register A.D. 1672-1678.)
SCOITi FERGUSON tOlNBUHCH
THOMAS BROWN OF EASTFIELD,
County , Stationer in and
Bailie of Edinburgh.
/S^/S*
a Si r Si m
Azure, a Cheveron chequy argent and gules between three Fleurs-de-lis or.
{Lyon Register 1672-78.)
<.cona rLRCu.ow Edinburgh
THOMAS BROWN OF BONNYTOWN.
Or, on a Cheveron between three Fleurs-de-lis azure
a Bezant.
{Lyon Register about 1720.)
ROBERT BROWN
OF LONG ITCHINGTON, County
Warwick, a descendant of Colston.
Gules, on a Cheveron argent between three Fleurs-de-lis or a Thistle proper, all within a Bordure wavy of the second.
{Lyon Register, igt/i February 1742.)
SCOTT i rtfiGUSON. EDINBURGH
JOHN BROWN, Merchant in Copenhagen, a descendant of Coalstown.
9<?<2
Gules, three Fleurs-de-lis or, on a chief of the second three Men's Hearts of the first.
(Lyon Register, gt// April 1755.)
seen .' • ■■ -
Mr. RICHARD BROWN, Minister of the Gospel in Bute, descended from
Thornydyke.
Gules, on a Cheveron argent between three Fleurs-de-lis or a Crescent of the first between two Mullets azure, all within a Bordure of the last.
(Lyon Register, 15/// September 1763.)
SCOTT £ rtRGUJON TOINBURGM
Sir GEORGE BROWN, G.C.B.
Gules, on a Cheveron between three Fleurs-de-lis or a Mural Crown of the first, all within a Bordure embattled of the second,
{Lyon Register, i860.)
scon a rr rcuson Edinburgh
Rev ROBERT BROWN-BORTHWICK.
Azure, on a Cheveron argent between two Fleurs-de-lis in chief and a Mascle in base or, three Cinquefoils sable.
{Lyon Register, 1868.)
SCOt: \ FERGUSON f.DiU6UnCH
BROWNE OF COLSTOUN.
(County Haddington)
Gules, a Cheveron between three Fleurs-de-lis or.
{Lyon JZegister, 1672-78, and quartered by the Earl, afterwards Marquess, of Dalhousie 1841.)
SCOtia ftRGinON [OINBUftCM
BROWNE OF BLACKBURNE.
Sable, a Dagger in bend proper, and in chief a Boar's Head erased argent.
{Lyon Register 1677.)
SCOHa FERCUiOH [OINBURGH
BROWN OF LONDON AND DANTZICK, Baronet, 1699.
Azure, on a Cheveron wavy between three Fleurs-de-lis or a Thistle slipped vert.
{Lyon Register, 1693.)
SCOUS FCRGU50H EDINBURGH
BROWN OF ELLIESTON.
(County Roxburgh.)
Gules, on a Cheveron between three Fleurs-de-lis or, a Crescent of the first between two Martlets azure, all within a Bordure wavy argent.
{Lyon Register, i6t/i August 1769.)
OCOM A reRCUSOII COIHBURGH
BROWN OF NEWHALL.
(County Edinburgh.)
Gules, on a Cheveron between three Fleurs-de-lis or, a Garb vert banded azure.
{Lyon Register nth August 1781 },oth March 1827.)
SCOITi FtnCUiON EDINBURGH
BROWN OF WATERHAUGHS.
(County Ayr.)
Gules, on a Cheveron between three Fleurs-de-lis or a Ship, her sails furled sable, all within a Bordure of the second.
(Lyon Register, \st August 1806.)
scon a :
BROWN OF ECCLES.
(County Berwick.)
Gules, a Sword fessways proper between three Fleurs-de-lis or. {Lyon Register, \\th March 1808.)
SCOTTafCHliUiOH EDINBURGH
FORSYTH-BROWN OF WHITSOME- NEWTON. (County Berwick.)
Gules, on a Cheveron between three Fleurs-de-lis or, a Pellet between two Mullets sable.
{Lyon Register, \a,th February 1S56.)
SCOTT S rtRGUiOH COlMBURGH
DENNISTOUN-BROWN OF BALLOCH,
(County Dumbarton.)
Parted per pale gules and azure, a Cheveron between three Fleurs-de-lis or, on a Canton argent a bend sable.
{Lyon Register, 1864.)
SCOU & cC°CU5Gl< EDIHBURGH
BROWN, now TROTTER, of Horton Place, County Surrey, also quartered by Claud Hamilton Hamilton, formerly Brown, Esquire.
Azure, a Cheveron checquy argent and sable between three Fleurs-de-lis of the second.
[Lyon Register 1865 and 1869.)
SCOT! ft rCRCuSOH.F.OI'JEUPGH
BROWN-MORISON OF FINDERLIE.
(County Kinross, and West Errol and Coupar Grange, County Perth.)
Gules, a Cheveron between three Fleurs-de-lis argent. {Lyon Register 1866.)
scon a rcK&uson cdinburgh
EARL OF CASTLEHAVEN in Ireland,
and BARON AUDLEY OF
HELEIGH in England.
First and Fourth, Ermine, a Cheveron gules, forTouchet; Second and Third, gules, a Fret or, for Audley.
(Sir Bernard Burke, Ulster King of Arms.)
SC01I 4 f FPLJSON ^OiMSUfCH
INDEX.
Abekcorn, chukch of, 10.
parish of, 59, 63, 72.
Abercromby, Sir Robert, of that Ilk, 89. Aberdeen, Alexander, Bishop of, 4, 85.
Bishop of, 2, 200.
Cathedral, 5, 84.
William, Bishop of, 5.
Aberdeenshire, 2, 4, 5, 9, 11, 76, 80, 83, 85, 101,
146, 200, 201, 204. Abergeldie, 5.
Aberkerdour, vicarage of, 200. Abernathie, George, 129. Abernethy, parish of, 25, 35, 111, 130, 131, 140,
209, 210. Abingdon, 146. Adair, Miss Jane, 1 92.
John, of Altoun, 192.
Patrick, 192.
Robina, 192, 193.
William, of Kiuhilt, 192.
Adam, Alexander, architect, 73.
Helen, 75.
Isobel, 60, 73.
Adamson, Alexander, 220.
Anna, 130.
Elizabeth, lady of Fordell, 21, 115, 117, 119,
123, 126, 128, 194.
Henry, bailie of Perth, 25.
James, Provost of Perth, 25.
J&iiiss 1*^0
Janet,' lady of Raukeillor, 25, 52, 130.
Mr. John, advocate, 119.
Katherine, 130.
— —Margaret, Lady Fordell, 24, 119, 120-124,
128, 129, 194.
Mr. Robert, 122, 124, 129.
William, of Craigcrook, 21, 24, 119, 120,
122, 123, 124, 129, 130, 146, 194. Adinston of Carcant, 192.
Lieutenant John, 28.
Margaret, 192.
Affleck, Mr., 72.
Ainslie, James, merchant, Edinburgh, 111.
Airland, Henry, 159, 100.
Aitkin, Alexander, monk, 149.
James, writer, 129.
Alburne, Henry, 114.
Aldenburg, Count Bentinck, 19S.
Alerdes, Mr. James, Provost of St. Andrews, 91.
Alexander ii., 9.
Alexander, John, 114.
Mr. Robert, of Blackhouse, 181.
Thomas, of Skeddoway, 52, 53, 170, 172.
William, of Menstrie, 207.
Allan, Elizabeth, 192.
■ Thomas, notary, 172.
Allen, Margaret, 56. Alyth, parish of, 35. America, 202. Anderson, Adamina, 68.
Catherine, 56.
Charles, 58.
David Brown, W.S., 68.
David, 154.
family of, of Tushilaw, 68.
Hannah Cassels, 68.
Mr. James, minister of West Calder, 60.
■ Jane Still, 68.
Margaret, 55.
Robert, burgess of Perth, 158.
William, in Kintillo, 56, 163, 185.
of HaUyards, M.D., 68.
Andrew, Thomas, Esq., 70.
Angus, Archibald, Earl of, 26, 92, 130, 131, 209.
Dean of, 11.
John, in Langsyde, 112, 149.
Annan, Henry, 2, 83.
Mure, 30.
Annandale, Earl of, 31.
Arbroath, Abbot of, 200.
Arbuthnot, Mr. George, Rector of the High School
of Edinburgh, 1S4. Archer, Anna, 68.
James, R.S.A., 68.
Ardchulzine, lands of, 111. Ardmeallie, 80. Ardoun, lands of, 209. Argyll, county of, 68, 77, 198.
John, Duke of, 61.
Arngask, kirk of, 25, 39, 48.
parish of, 1, 14, 35.
mill of, 26,41, 119-121, 125-127, 131-133,
210. Arnot, Colonel Charles, 38. Elizabeth, Lady of Fordell, 14, 15, 90, 91,
92.
Florence, Lady Rattray, 92.
Mr. George, 103.
— — Helen, Lady Annacroigh, 92, 93. Lady of Fingask, 15.
2 F
222
INDEX.
Arnot, James, of Ferny, 46, 143.
Janet, 15.
John, of that Ilk, 14, 92.
Walter, of Balharton, 92-96.
Canon of Duukeld, 13-15.
Walter, 90, 91.
William, of Balbarton, 14, 15, 92-96, 146.
Arran, island of, 56.
Arthour, Mr. John, 160.
Athole, Earl of, 9, 13.
Auckinleck, George, of Balmanno, 118.
Auchmoutie, Sir David, of that Ilk, 172.
George, of that Ilk, 157.
Auchmayre, lands of, 4, 85, 153.
Auehtermuchty, 136, 214.
Aughindraive, lands of, 2, 83.
Ayr, county of, 1, 2, 43, 44, 47, 61, 79, 83, 196,
198, 203. Ayton of Ayton, 52. Aytoun, Mr. David, 148.
George, of Iuchdarny, 154.
Sir John, of that Ilk, 176, 177.
Mr. Robert, of Inehdairnie, 54.
Baillie, Sir Gideon, of Lochend, 190.
■ Magdalene, Lady Colquhoun, 190.
Baith-Boualey, 208.
Baith-Coutts, 208.
Balbarton, lands of, 15, 20, 26, 92-99, 109, 117,
119, 122, 125, 127, 130, 157. Balbirny, David, 8.
George, Serjeant of Dunkeld, 8.
John, of, S.
Johanna, 8, 9.
Margaret, 8.
Balbougie, estate of, 49, 208.
Balcarres, Alexander, Lord, 31, 32, 38, 39, 194.
Balfour, David, in Inchery, 98.
of Sandfurd, 176, 177.
George Hay, of Leyes and Randerston, 141.
Mr. Henry, advocate, 103.
James, writer in Edinburgh, 183.
Sir James, Lord Lyon, 27, 28, 39, 49, 85.
Lord, of Burley, 20.
Margaret (Mrs. Keir), 130.
Michael, of Innerquhany, 100.
of Denmylne, 112, 220.
of Pitmedden, 130.
Mitchell, 103.
Rachel, 204.
Colonel William, of Trenaby, 78.
Balhabroun, lands of, 16, 98.
Balharry, lands of, 97.
Ball, Sir Alexander John, Bart., of Malta, 202.
■ Captain, 202.
Ingram, 202.
James Robert, 202.
Balleny, William, tenant of Bellslaw, 192. Ballingall, James, 141.
William, 106, 109.
Balmayne, John, 34, 103.
Balmerino, John, Lord, 58.
Balrame, Mr. Hercules, 100.
Balvaird, David, 38.
Balwerie, lands of, 114.
Banff, shire of, 4, 80, 83, 85, 88.
Bannerman, Alexander, of Watertoun, 201.
Baptie, Patrick, 191.
Barclay, David, of Collernie, 43.
of Strowie, 103.
John, of Colairny, 43.
Robert, of Colairny, 44, 141, 172.
Thomas, 43.
Barlow, Elizabeth, Lady Willonghby, 145.
Randolph, Archbishop of Tuam, 145.
Barrowman, John, in Newmilne, 180.
Bath, 205.
Bayrs, Andrew, burgess of Cupar, 174.
Beatton, David, fiar of Boudoie, 178.
Beleraumbe, Ferchard, Bishop of Caithness, 84.
Belhaven, Lord, 46.
Bell, Celester, in Fordie, 109.
Bellabeg, lands of, 200.
Ben, Alexander, in Fordell, 157.
Berriehill, lands of, 111.
Bervie, 136, 214.
Berwick, county of, 1, 3, 32, 62, 72, 73, So, 190,
192, 203, 204, 205. Bethune, of Balfour, 52.
of Bandon, 55.
Betsone, James, 157.
Beveridge, Mr. James, writer in Edinburgh, 1S2.
Bickerton, Admiral Sir Richard, 74.
Bigger, Mr. Thomas, 114.
Binning, Thomas, Lord, 112.
Black, David, writer, 174.
John, in Coldenbeath, ISO.
William, bailie-depute of Dunfermline, 180.
Blair, Andrew, apparent of Rossy, 158.
David, of Adamton, 206.
James, 174.
John, of Balthayock, 203.
Blairhall, Lord, 184.
Blairstruo, lands of, 25, 35, 38, 41, 44-47, 130-
134, 143, 150, 210. Blandrue, Brown of, 3. Blantyre, Walter, commendator of, 155.
Lord, 207.
Helen, daughter of Lord, 207.
Blastrue, Mill of, 15, 90, 91, 97, 10S. Bogle, Mrs., (Warner, Adeliza), 74, 75.
Charles, of the island of Tobago, 74.
Vere Warner, Hussey, Aberdour, 74.
Bombay, 62, 80.
Bon, Alexander, 109.
Bonaparte, Lucien, Prince of Canino, 206.
Bonar, family of, 42.
James, of Rossie, 135, 136, 207, 213, 216.
John, of Lumquhatt, 135, 213, 220.
Mr. John, minister of Torphichen, 60.
Bonkil, Mr. John, vicar of Lundeiff, 91. Bonnyman, Mr. George, 113.
INDEX.
223
Borgia, Roderic, 9. Boswell, Alexander, 100.
Mr. Andrew, 150.
Boswells of Balmuto, 49.
Boswell, David, of Glasmont and Balmuto, 17, 51,
98, 99, 100, 103, 150, 194.
Euffarne, 157.
George, 51, 100, 150.
■ Harry, 110.
■ James, of Easter Lochgelly, 51.
Sir John, of Balmuto, 51, 92, 100, 103, 146,
20S.
John, of Baglessy, 110, 150-152.
Katberine, Lady Fordell, 17, 21, 9S-103,
147, 148, 150, 167, 194.
Margaret, Lady Grange, 51.
Marjory, Lady Arnot, 92.
Bothwell, Isabella (Mrs. Coutts), 49, 147, 158,
20S. Bothwell, Jean (Mrs. Sandilands), 170.
Mr. John, 170.
Patrick, Earl of, 92.
Bouteheour, Gilbert, 23.
Richard, 23.
Robert, 23.
Bowhill, estate of, 207.
Bowhouse, lands of, 46, 135, 143, 213.
Boyd, David, 124.
Sir Robert, 3.
Robert, 185.
Boyle, Robert, precentor of Aberdeeu, 86. Braidfute, James, burgess of Edinburgh, 119. Brand, Mr. John, minister of Bo'ness, 61. Brazil, Empire of, 197. Brechin, David, Lord of, 3, 39.
Castle of, 200.
Brodie, Alexander, 7.
of Letben, 52.
Brodwill, lands of, 26, 38, 209.
Brounhill, Adam, 23.
Brown, Adam, 2, 3, 4, 83, 85, 146.
archer, 6.
Agnes (Finmount), 165, 166, 167.
Alexander (Finmount), 53, 54, 56, 167.
■ Lieut., R.N., 73.
Andrew, 9.
Captain Andrew, of Johnstouburn, 184.
Andrew, 63, 181.
merchant in Perth, 113.
of Braid, 65, 184.
clerk of Kinghorn, 155.
(Savannah), 74.
Cassels, 67, 70, 71, 185, 1SS.
Angus, 5.
Anna (Pitkenny), 17.
Anne (Finmount), 59.
(Greenknowe), 67.
(Mrs. Hay-Gordon), 80.
Annie (Mrs. Forsyth-Graut), 80.
Frances, 80.
Annabel (Finmount), 54.
Brown, Antonia, of Fordell, 20, 14), 145, 179, 194.
Archibald, of Johnstonburn, 1S3, 1S4.
■ Arthur Cassels, 71.
Lundin, 76, 195.
Catherine, Lady Colinton, 15.
Lady Gask, 117.
(of Horn), IS.
(Melrose), 189.
■ (Finmount), 51, 52, 163, 164.
Charles, painter, 7.
Christian (Vicarsgrauge), 50, 53, 172, 175,
179.
Christopher Lundin, 76, 77.
Clementina (Horn), 18.
David, of Finmount, 17, 20, 21, 44, 45, 49-
53, 55, 96, 103-129, 147-170, 175, 194, 208. Captain David, of Finmount, 55-57, 59, 176-
1S0, 194. David, of Golf Hall, Bruntstield, 62, 63, 64,
65, 66, 194. ■ — — of Greenknowe, 66, 67, 70, 185, 186,
187, 188.
merchant in Edinburgh, 181, 182.
vicar of Edzell, 5.
minister of Glammis, 158.
in Abbotisdewglie, 34, 35, 130.
of Glendriston, 4, 83, S5-S8.
prebendary of Feme, S.
of Vicarsgrange, 49, 50, 170-174.
Elizabeth (Horn), 18.
(Fordell) 20, 49, 101, 115, 117, 152,
155, 157, 162, 163.
(Lady Alyth), 97.
(Finmount), 21.
(Melrose), 73, 1S9.
Elizabeth, 56, 79, 80.
■ Elizabeth Mary, 76.
Elspet, 151.
Emma, 4, 86, 87.
Elizabeth, 76, 77.
Lundin, 195.
George, Bishop of Dunkeld, 1-15, 88, 89, 90,
92, 96, 97, 146.
George, 5, 8, 12.
of Finmount, 53, 58, 59, 60, 63, 71,
109, 154, 158, 167, 169, 180, 181, 194.
chancellor of Dunkeld, S.
of Pitreuchie, 122.
of Horn, 18.
Mr. George, of Balbirny, 179.
Gilbert, in Kinglassie, 179.
Grizel, 18, 56.
Hannah, 67.
Elizabeth Cassels, 70.
Harriette Gordon, 80.
Sophia (Lady Christison), 6S.
Helen, 18, 73, 79, 80, 189, 193.
■ Lundin, 76, 195.
— Mary, 76.
Henrietta (Mrs. Tod), 61.
(Mrs. MacBrair), 66, 187.
224
INDEX.
Brown, Henry Hay, 79.
Henry, 2.
in Gospertie, 109, 160.
of Paanshill, 35.
56, 131.
Hew, 117.
Hugh, merchant burgess of Edinburgh, 111.
Isaac, 103, 106.
• Isabel (Lady Geanies), 19, 104-10S.
(Vicarsgrange), 53.
Lady Isabella, Lady Innerteill, 112, 113,
163.
Isabella (Mrs. Perrin), 79.
Isobel (Abercorn), 60.
(Mrs. Boswell), 51.
(Finmount), 155.
56.
James, of Horn, 35, 38.
(Finmount), 51, 159, 160, 162, 165.
(Fordell), 97, 101, 107, 109, 158.
of Pitreuchie, 122.
merchant in Edinburgh, 66, 187, 188,
189.
Dean of Aberdeen, 91, 97.
surgeon, 113, 179.
100, 106, 109, 110, 130, 140.
Adam, C.A., 79, 81, 196.
Cowley, 69.
Lundin, 76, 195.
■ Mr. James, minister at Melrose, 61, 71-75,
77, 182, 189, 190, 191, 194.
minister at Newbattle, 75, 77, 79, 194.
Rev. James Cassels, 71.
■ Mr. James, minister of East Calder, 54, 57,
58, 180, 194.
Jane, 3.
Lady Carrie, 25.
Lady Halyards, 68.
Janet, Lady Maw, 20, 101.
66, 75, 189.
Jean (Lady Halkerton), 21, 145.
(Mrs. Anderson), 58.
(Mrs. Fraser), 63.
of Greenknowe, 62.
(Mrs: Walker), 63, 182.
— 66, 181, 186, 187.
Jemima Ann, 69.
Henrietta, 69.
Joanna, 197.
John, 60, 61, 63, 73, 74, 189.
of Crabiston, 4.
of Kennate, 4.
of Fordell, 15, 17-21, 24-26, 54, 93,
95-110, 112-122, 155, 158. of Fordell, younger, 21-24, 49, 55,
147-152, 157, 161, 162, 167. — Sir John, of Fordell, 26-47, 55, 122-147,
194, 208-220.
John, of Fordell, 179. '
of Golf Hall, 64-67, 184, 185.
of Greenknowe, 70.
Brown, John (Finmount), 54, 130, 167, 169, 172.
of Hiuginside, 18.
of Horn, 18.
of Linktown, 179.
Mr. John, minister at Abercorn, 58, 59, 71,
72, 77, 194.
John, in Dundee, 12.
in Pitkenny, 100.
of Vicarsgrange, 50-53, 172-179.
Abbot of Melrose, 8.
of Migmar, 2-4, 83-85, 87.
clerk, 5.
merchant in Edinburgh, 185-188.
M'Kerrell, 79.
William, 79.
Eev. John Tod, minister at Dunfermline, 77,
79.
Joseph, 60.
Katherine (Lady Masterton), 17, 100.
(Fordell), 129.
(Lady Gask), 21.
(Finmount), 155.
(Vicarsgrange), 53, 175.
24, 66, 73.
Lilias, 53, 167.
Lucy Cassels, 71.
■ Margaret, 59, 66, 67, 75, 1S9.
(Lady Condy), 97.
(Lady Skeddoway), 53.
(Mrs. Johnston), 61.
■ (Mrs. Shoner), 54.
(Mrs. Melville), 57.
(Finmount), 167, 169.
(Vicarsgrange), 53, 54, 175.
Anne, 80.
Marion (Mrs. Gray), 75.
79.
Tod, 73.
Marjory, 63.
Mary, 66, 71, 185-1S7, 189.
Cassels, 188.
■ (Ashley), 68.
(Mrs. Pattison), 73.
Mina, 76.
Mrs., 63, 64, 65.
Nicholas, 5, 19, 109.
Nicoll, 21, 157, 160, 163.
Rachel, 18.
Richard, 1, 3.
of Fordell, 8, 13-15, 85, 89-97, 146.
Lundin, 76, 195.
Roberta, 80.
Robert, 2, 55, 61, 63, 100, 107, 108, 119, 120,
129, 189.
of Fordell, 15, 16, 24, 96, 97, 108, 109,
129. of Finmont, 26, 49-54, 119, 120, 124,
130, 141, 155, 158, 162, 165, 167, 172, 175, 176, 181, 194.
Mr. Robert, of Pitkenny, 17, 21, 22, 51, 101,
103, 110-113, 122, 123, 12S, 129, 157, 161, 194.
INDEX.
225
Brown, Robert Edward M'Kerrell, 80.
■ Rev. Robert, Largo, 195.
Robert, W.S., 73, 74, 187.
Rev. Robert Lundin, 75, 77, 78, 194, 195.
Robert, merchant in Bombay, 80.
of Nether Cairnie, 55, 56.
of Kirklands, 73, 191.
Lieut. -Colonel Robert Johnston, 61.
Ronald, Leitfie, 35.
Stephen, 60.
Susanna Hodgson, 71.
Theodore, 76.
Thomas, of Braid and Johnstonbnrn, 64, 65,
66, 183, 184.
Hamilton, of Johnstonburn, 1S4.
merchant, 74, 185, 187, 189.
7, 12, 102, 109, 160.
in Mains of Malar, 117.
vicar of Anchtergaveii, 12.
Mr. Thomas, vicar of Prameth, 5.
Violet, 79.
Mr. Walter, 12.
William C'lephane, 76.
Licut.-Colonel, 80.
2, 5, 18..56, 61, 66, 102, 117, 15S.
(Fordell), 25. .
(Dewglie), 119-126, 131, 194.
Sir William, 19.
William Lundin, 195.
Henry, of Ashley, 61, 68.
of Minton, 7.
family of, 1, 5, 6, 7, 18.
Browns in the service of the King of France, 6, 7. Bruce, Agnes (Lady Adamton), 206.
Alexander, of Copmalundie, 151, 152.
Mr. David, 205.
Elizabeth, of Wester Abden, 51.
Sir George of Carnok, 112, 15S.
Jean, 158, 208.
John, of Wester Abden, 50, 51, 179.
Margaret, of Wester Abden, 51.
Marjory, 20.
Patrick, of Bunzune, 174.
Robert, of Blairhall, 20, 1 5S, 20S.
of Baldrig, 158.
fiar of Clackmannan, 20.
of Rennet, 20.
Lieutenant-Colonel William, 33, 36.
Bruces of Blairhall, 49. Bruges, 8.
Brugh, William, in Kirkcaldy, 181. Brun de Champignolles, 7. Brunes in Champagne, 7. Bruntisland, 38. Buccleughe, Earl of, 29. Buchan, James, Earl of, 88. Buchanan, Anna, SO, 197.
Sir George, 40.
Herbert, of Arden, 81, 197.
Buist, John, 141. Bullok, Robert, S7.
Burdett, Angela Georgina, 206.
Sir Francis, 206.
Sir Robert, 206.
Burnet, Alexander, of Leys, 200, 201.
Annie E. B., 68.
Elizabeth, 201.
■ Mr. James, 200.
William, Esq., 68.
Burt, Alexander, 34, 141.
■ Mr. Arthur, 47.
Burte, David, 34, 155, 157. Burtis, John, 34. Butchart, Robert, 116. Butchert, Gilbert, 116.
Thomas, 116.
Bute, Earl of, 184, 206. John, Marquis of, 206.
Caekatjche, Forest of, 4, 85. Calabyr, William of, 86. Calder, East, parish of, 57, 77.
58, 59, 180.
West, 60.
Callander, Earl of, 32.
Calum, Alexander, in Woodmilne, 180.
Calvie, David, 114.
Cambuskenneth, 120, 121, 126, 131, 211.
Henry, abbot of, 92.
Camera, Robert of, 86. Cameron, Robert, 187. Campbell, Surgeon-Major Alexander Dugald, 67.
Colin, of Jura, 198.
Admiral Donald, of Barbreck, 6S.
Duncan, of Barbreck, 77.
. Elizabeth, 198, 205.
George, 205.
James, of Treesbanks, 19S.
Grace Catherine, 77.
Helen, 184.
James, of Ardkinglass, 56, 198. ■
Lady Margaret, 58.
Mary, 198.
Robert, of Northwoodside, 203.
Thomas, Edinburgh, 184.
Candlish, Dr. R. S., 78. Canonbie, 14.
Canongate, 14, 66, 114, 122, 130. Cant, of Thurston, 63.
John, of Lauristoun, 119, 125.
Caputh, 11.
C'arberry, 47.
Carchrony, lands of, 2, 4, 85, 86, 146.
Cardine, lands of, 26, 38.
Carie, lands of, 25, 26, 38, 41, 111, 140, 209,
210. Carlisle, 146, 147. Carmichael, Mr. Alexander, 169.
Sir David, of Balmedie, 140.
Mr. George, Bishop of Glasgow, 9.
Carnegy, David, of Colluthy, 100. David, Lord, 190.
226
INDEX.
Carnegie, Magdalene, 190.
Robert, of Kirktoun, 200.
Carny, Robert, 89.
Caroline, Queen, 19.
Carpow, lands of, 209, 210.
Carriden, parish of, 189.
Carsphairn, heritors of, 72.
Cassels, Andrew, merchant in Leith, G2, 67, 187,
188. Cassels, Rev. Andrew, vicar of Batley, 08.
the Hon. Andrew, 62.
■ Hannah, 67, 185, 187, 188.
James, M.D., Lancaster, 70, 1SS.
Esq. of Flask, 188.
Robert, of Holland House, Quebec, 62.
Susanna, 70.
Walter Gibson, 62, 67, 185.
Richard, 62.
Castille, 6. Cave, Mary, 184. Cawdoun, Hugh, 119. Ceylon, island of, 69, 73. Chalmers, Helen, 196.
of Gadgirth,.196.
James, merchant, 196.
Channelkirk, parish of, 73, 192.
Charles i., 25, 26, 37, 42, 147, 176, 178.
Charnock, Cecilia, 62.
Charteris, Janet, of Amisfield, Countess of
Wemyss, 72.
Charteris, John, 110.
Cheape, Henry, 45, 142.
James, of Ormiston, 44, 142.
family of, 142.
Chene, Henry, Bishop of Aberdeen, S4. Chisholm, of Cromlix, 190.
Janet, 190.
Thomas, 190.
Christie, Charles Maitland, of Durie, 76, 195.
Margaret, 76, 195.
Christison, Sir Alexander, M.D., 69.
David, M.D., 69, 71, 185.
Henrietta, 1S5.
James, 1S5.
John, advocate, 61, 69, 185.
Mary, 185.
Professor Sir Robert, Baronet, 61, 6S, 71,
185. Chrystie, James, 157. Clackmannan, 16, 9S, 207. Clark, Sir Alexander, of Pittencrieff, 52.
Mr. Gilbert, of Pitteuchar, 52.
Cleghorn, Alison, 192. Clephane, William, 170.
Mrs. D. Maclean, 195.
William, 179.
Clerk, Janet, 157. Clavering, Charlotte Catherine. 61. Clayhillis, Mr. Andro, 101. Cleugh, Robert, Edinburgh, 182. Cleveland, Earl of, 37.
Clouden, lands of, 184. Cluny, castle of, 11, 13.
lands of, 12.
Cochrane, Lieut. -Col. Archibald, 193. .
Robina, 1 93.
William, 117.
Cockburn, Henry, 100.
John, younger of Ormiston, 95, 155.
Pjchard, of Clerkingtoun, 155.
of Langton, 202.
Coilacreach, 5.
Coldstream, 14.
Colfargie, lands of, 41, 130, 131, 209.
Collernie, laird of, 43.
CoUessie, parish of, 41, 46, 52, 139, 141, 143, 214.
Collins, Rev. Charles Creaghe, 6S.
Colquhoun, Catherine, 72, 190.
Francesca, 18.
Sir John, of Luss, 72, 190.
Colstoun, Brouns of, 1, 7. Colt, Mr. Adam, 207.
Andrew, vicar of Redgortou, 206.
Blaise, burgess of Perth, 206.
George F. R., of Gartsherrie, 207-
• James, 207.
John, of Moneydie, 206.-
Mr. Oliver, advocate, 206.
minister of Inveresk, 207.
of Auldhame, 207.
Mr. Robert, 206.
Sir Robert, 207.
Robert, of Garturk, 207.
Thomas, 206.
William, 206, 207.
Colville, Grizel, IS.
Sir James, of East Wemyss, 15, 106.
James, of Ochiltree, 111.
161.
Master of, 18.
■ Robert, of Hilton and Ochiltree, 15, 92.
15, 18, 112.
William, Abbot of Culross, 15.
Colvin, Mrs., 80.
Rev. Robert F., 80.
William, of Craigielands, 80.
Comminges, 6. Comrie, Elizabeth, 190.
of that Lk, 190.
Condland, lands of, 101. Condie, Henry, 102. Condy, William, 100. Corstorphine, 47. Corvin-Wiersbitzkij, Marie, 77.
Colonel Louis von, 77.
Cottouns, lands of, 15, 41-46, 130-134, 143, 150,
210. Couper, John, of Nether Gogar, 1 1 9. Couts, John de, 199. Coutts, Agatha, 203.
Agnes, 204.
Mr. Alexander, minister of Strikathrow, 201.
INDEX.
227
t'ouper, Captain Alexander, 200, 201.
Alexander, in Cromar, 201.
of Grange, 207.
Provost of Montrose, 201-204.
merchant in London, 202, 206.
— (Ochtercoull), 201.
Allan, of Grange, 49, 147, 158, 207, 208.
Anna, 202.
Anne, 202.
the Baroness Burdett, 204, 206.
Catherine, 200.
Christian, 200, 20.3, 20S.
Concordia, 203.
Donald de, 199.
Edward Gabriel, 203.
Elizabeth, 49, 51, 147, 152-158, 194, 200,
201, 20S.
Eupheniia, 207.
Florentina, 203.
Francis, 205.
Frances, 200.
Mr. George, 20S.
George, 200, 201.
Helen, 20S.
- Hercules, 202.
Isobel, 202.
James, of Halgreen, 202.
of Keirn, 200.
of Muress, 201.
in Dantzic, 203.
. (several), 201-205.
Janet, 203, 204.
John, 157, 158, 204, 205.
John, of Ochtercoull, 200.
notary public, 204.
— Provost of Edinburgh, 202, 204.
■ Provost of Montrose, 201.
of Pitteuchar, 208.
Laurence, of Tullich, 200.
Margaret, 200, 201, 206.
Marjory, 200.
Mause, 207.
Patrick, 201-205.
Robert, of Coull, 200, 201.
Robert, 200, 204.
Colonel Robert, 20S.
Sophia, 206.
Stewart, 206.
Susan, 205.
Mr. Thomas, of St. Andrews, 200.
Thomas, merchant in London, 201, 203.
— notary public, 204.
William, 200, 201, 204.
Provost of Montrose, 201, 203.
Sir William, vicar of Innernochty, 200.
William Ernest, 202, 203.
William, of Ochtercoull, 201.
of Gavell, 201.
of Fullerton, 201.
Cowie, Jerome, 180.
Craig, Lewis, 5S.
Craig, Thomas, of Riccarton, 29, 58. Craigie, Mrs Anne, of Dunbarnie, 75.
James, of Dunbarnie, 47.
Johu, of Dunbarnie, 47.
Craignathro, lands of, 16, 21, 23, 26, 96, 115,
117, 125, 127, 150. Cramond, parish of, 21. Crawford, David, Earl of, 24, 146. Crawfurd, Alexander, 46, 100, 141.
■ Anne, 202.
Colonel, of Newfield, SI, 199.
Henry, of Monorgan, 202.
■ John, of Crawfurdland, 46, 141.
Letitia, 81.
Margaret, 81.
Moses, of Newfield, 198.
Crespigny, Sir Claude de, 198. Crichton, Alexander, 103. Elizabeth, 115.
Sir James, of Strathurd, 12.
John, 140.
Ninian, 115.
Robert, 125.
Crightone, Sir David, of Lugtone, 28, 125. Crokat, Andrew, 184.
Charles, 1S4.
Elizabeth, 65, 184.
James, 65, 184.
Janet, 65, 184.
Jean, 184.
John, in Erneamery, 1S4.
Patrick, 184.
Thomas, of Johnstounburn, 65, 183, 184.
William, 1S4.
Croker, John Wilson, M.P., 197. Cromartie, George, Earl of, 20. Cromwell, Oliver, 37, 41, 48, 173, 176, 178. Cruiks, Alexander, of Garturk, 207.
Major Alexander, of Garturk, 207.
Elizabeth, 207.
Culphad, lands of, 184. Culross, abbey of, 101. Cultobraggan, laird of, 190. Ciunyn, William, of Kilbryde, 2. Cunningham, Donald, of Akinbar, 112.
Sir James, of Glengarnock, 160, 161, 163.
Margaret, 196.
Robert, of Auchinhervie, 196.
William of Glencairn, 97.
writer, 112.
Cupar, John, 118, 125.
Cupar, 55, 83, 170, 172, 174, 176, 178.
Currie, John, 34.
Cushny, family of, 200.
Cuthilgurdy, lands of, 110.
Dairsie, parish of, 51. Dalbaty, barony of, 89. Dalgleish, Mr. Alexander, 60.
James, 187.
Mr. Robert, 61.
228
INDEX.
Dalgleish,Williarn,D.D,inimsterof Peebles, 62, 188.
Dalkeith, 78, 112, 119, 125, 192.
Dalryniple-Horn-Elphinstone, Sir Robert, Bart., SO.
Dambach, 6.
Dantzick, 18, 19, 201, 203.
Darling, William, 187.
Davidson, Christian, 170.
Marion, 57.
Mary, 179.
Patrick, 169.
Davie, Jane, 73.
John, of G-avieside, 73.
Major Adam, 73.
Denmark, 7.
Dennestoune, James, 173, 174. Dennistoun, Sir Robert, 54. Derby, county, 206. Descury, Captain, 202.
Captain James Henry, 202.
Deskford, James, Lord, 61.
Dewglie, barony of, 25, 26, 41, 119, 120, 121, 125,
126, 127, 131, 132, 133, 134, 210, 211. — Abbot's, 34, 47, 49.
"Wester, 47.
Dick-Lauder, Sir Andrew, 65. Dick, William, 112. Dickson, David, M.D., 47.
Sir Robert, of Sornberg, 47.
Digby, Lord, 29, 30, 146, 147. Dods, Harriet E. W., 79.
Lieut. -Colonel P., 79.
Doebler, Gotthilf B., 203. Doge, James, 116. Donaldson, Andrew, 89.
Misses, 186.
Douglas, Alexander, W.S., 131, 140.
Archibald, 110.
Earl of, 5.
Baronage, 15.
Sir Charles, Bart., 68.
Gavin, 100.
Helen, 58, 194.
James, 113, 125.
Sir James, 184.
John, in Kennestoun, 100.
Patrick, 131.
Robert, of Tilliquhillie, 146.
Thomas, of Annacroigh, 92.
William, of Moffat, 95.
Sir William, of Pompherstoun, 59.
Mr. William, advocate, 131.
William, Earl of, 4, 85.
Dow, John, 141.
George, 56.
Dronlaw, lands of, 83. Drum, lands of, 101, 163, 167. Drumcairn, 19, 111. Drumclochop, lands of, 143. Drumlaw, lands of, 135, 213. Drununond, Alice, 190. Annabella, 189.
Drummond, David, 110, 190.
Duncan, of Pitkellony, 190.
Elizabeth, 190.
Harry, of Pitcairns, 29.
Helen, 72, 189, 190.
Hugh, 1S7.
James, of Pitkellony, 190.
John, of Pitkellony, 72, 189, 190.
Captain John, 190.
Captain Laureuce, Medhope, 72, 190.
Malcolm, Earl of Mar, 1S9.
of Pitkellony, 189.
Sir Maurice, of Concraig, 1S9.
Maurice, of Pitkellony, 190.
Patrick, Lord, 110.
Thomas, of Drummondernock, 190.
Dublin Castle, 41.
79, 145.
Duddingston, laird of, 60.
Dumbreck, John, 86.
Dumfries, 29, 30, 75, 147.
Dunbar, burgh of, 203.
Dunbog, parish of, 43.
Duubullis, Wester, 25.
Duncan, Margaret, 171.
Dundas, Archibald, of Fingask, 15, 17, IS, 20, 93,
95, 96, 112.
George, of Duddingstoun, 60.
John, of Newliston, 125.
John, 188.
Sir Walter, of that Ilk, 51, 160.
Dundee, 5, 8, 9, 11, 19, 33, 34, 69, 105, 202.
Dundonald, parish of, 79.
Dunfermline, 39, 40, 56, 78, 114, 147, 14S, 149,
150, 15S, 165, 176, 177, ISO, 207, 208. Abbot of, 21, 49, 150.
George, Abbot of, 92, 177.
Alexander, Earl of, 27, 112, 161.
Dunkeld, Alexander, Bishop of, 24, 26, 118. 8, 9, 10, 11, 12, 36, 47, 90, 91, 97, 130, 132,
134, 150, 210.
■ bridge of, 12, 13.
chapter of, 8, 13.
Duncan, Bishop of, 12.
Henry, Bishop of, 46.
Dunlop, Alexander, of that Ilk, 44, 46, 56, 57,
142, 144, 145, 194.
Francis, of that Ilk, 181.
Jean, 203.
Sir J., Baronet, 44, 142.
James, of Garnkirk, 203.
Sir John, of that Ilk, 47, 181.
laird of, 43.
Dunse, 36.
Durham, John, of Duntarvie, 60.
General, 75.
Durie, David, 206.
George, 175.
Henry, 170.
Jane, 206.
Mr. John, 160.
INDEX.
229
Durie, lands of, 54.
barony of, 175.
Lord, 54.
■ ■ Robert, of Newtoun, 170.
William, of Wester Newtoun, 170, 174.
Dysart, 14, 41, 53, 140, 155, 162.
Earn, Bridge of, 12.
Water of, 163.
Easter Elcho, barony of, 16, 98. Echlin, Henry, of Pettadro, IS. Edinburgh, 14, 26, etc.
Castle, 10.
Ednam, Mr. Thomas, canon of Aberdeen, 5.
Eglinton, Earl of, 27, 38, 43.
Eilsland, 136, 143.
Eiston, John, 1S5.
Elder, Henry, clerk of Perth, 158.
Elgin, 1.
Eliot, John, 119.
Elisone, Janet, 171.
Ellice, William, M.P., 62.
Ellis, Mr. George, minister of Carriden, 190.
Katherine, 190.
Elphinstone-Dalrymple, Helen F., 80. family of, 207.
Einsiedel, Clemens, Count, 198. Erskine, Anne, 20.
Arthur, of Scotscraig, 29.
Sir George, of Innerteil, 19, 50, 52, 111,
112, 113, 146, 163, 167, 168, 169.
Margaret, 20.
Marion, 189.
Sir Robert, 189.
William, 54.
Errol, parish of, 35. Eskbank, village of, 75. Essex, county, 78. Ewing, Johne, 33. Ettale, Walter, 87.
Eviot, Colin, of Balhousie, 118, 151, 152. Ewen, name of, 184.
Fair, Margaret, of Langlee,' 70. Fairie, Gilbert, 131. Fairlie, Elizabeth, 197.
James, 109.
Robert, of Braid, 119, 125.
■ William, of Fairlie, 197.
Falkirk, battle of, 2, 4, 40, 85, 146. Falkland, 101, 110, 12S, 142, 155, 163. Fall, Robert, merchant in Dunbar, 203. Fargies, mill of, 41. Fenton, James, 90.
Fergusson, Rev. Donald, minister of Free Church, Leven, 78.
■ of Easter Dalnabreck, 78.
Feme, George, Archdeacon of Dunkeld, 9. Ferrefield, lands of, 209. Fife, 14, 16, 20, etc. Finlason, Sergeant Robert, 28.
Finmount, 1, 20, 21, 26, 49, 50, 53, 54, 55, 71, 100, 108, 109, 110, 118, 147, 148, 149, 161, 165, 176, 177, 179, 180.
Easter, 59, 156, 181.
Fisher, Michael, 65. Flamborough Head, 29. Fleming, Giles, 206. Flint, John, 5S. Flodden, 13, 15. Foodie, lands of, 116. Forbes, Sir Alexander, 4.
Alexander, of Towie, 200.
. of Newe, 200.
Anna, 54.
Callam, 201.
Duncan, advocate, 181, 200.
Isobel, or Elizabeth, 200.
John, of PetBugge, 200.
Margaret, 200.
Mr. Richard, 5.
Sir William, 203, 205.
Fordell, 1, 9, 12, 13, 18, 21, 24, 25, 41, 46, 47,
48, 51, 71, 90, 93, 100, 102, 109, 118, 129,
133, 146, 150, 156, 161, 163. Easter, 15, 26, 35, 38, 41, 44, 46, 47, 90,
91, 97, 130, 132, 133, 134, 143, 150, 159, 210.
Wester, 41, 130, 210, 211.
Fordie, Nether, lands of, 24, 26, 35, 115, 118,
125, 127. Fordoun, 85. Fores, Oliver, 86. Forfar, 16, 18, 21, 22, 24, 26, 33, 37, 62, 67, 69,
110, 122, 125, 126, 150, 202, 211. Forgund, parish of, 10S, 115, 118. Forgandenny, 13, 25, 101, 130, 210, 211. Formartine, thanedom of, 2, 83. Forman, Sir Robert, Lyon King-at-Arms, 1. Formby, parish of, 70. < Forrester, Robert, in Fordell, 141.
WUliam, W.S., 204.
Forrett, James, 170.
John, of Feingass, 150.
Forsyth-Grant, George J., advocate, SO.
William, of Ecclesgreig, 80.
Forteviot, parish of, 55, 56. Foster, William, 141. Fotheringham, James, 12, 90.
Walter de, 12.
Foulis of Ingleby, baronet, 15.
Alexander, of Colinton, 125.
Mr. James, of Colinton, 15, 20, 97.
France, 6, 7, 24, 119, 132, 135, 165, 175. Fraserburgh, 201. Fraser, Ann, 182, 183.
Jean, 182, 183.
Fraser, John, W.S., 63, 66, 1S2, 188.
Mr. John, merchant in Gothenburg, 183.
Margaret, 1S2.
Simon, of Ness Castle, 63, 182.
Fresale, John, of Lestalrig, 92. Fullerton, Elizabeth, 196.
2 G
230
INDEX.
Fullerton, Esther, 196.
James, of that Ilk, 196.
John, of Dreghorn, 196.
. Margaret, 196.
Fulton, Elizabeth, 198.
■ Humphrey, 197.
■ Margaret, 197.
Robert, of Hartfield, 197, 198.
. ■ William of Park, 197.
Fyvie, burgh of, 2.
Galloway, Dorothy, 25, 130.
Sir James, Lord Dunkekl, 25, 122, 130.
Mr. Patrick, minister, 130.
Thomas, son of Sir James, 122.
William, bailie of Edinburgh, 187.
Gardine, Adam, of Greenhill, 179. Gairdner, Patrick, 169.
Robert, 174.
Garioch, Sir James de (? Andrew), 3.
83.
Gaw, Alexander, of Maw, 16, 20, 101, 146.
David, 161, 162.
- Elizabeth, 20.
John, of Maw, 20, 25, 112, 158, 161, 162.
Margaret, 158.
Geddie, John, 179. Georgia, 74. Germany, 29, 41, 145. Gib, David, 165.
George, 157, 160, 162.
John, 171.
Gibraltar, 205.
Gibson, Sir Alexander, of Durie, 175.
Anne, 62, 67, 187.
Christian, 54.
Jean, 62.
John, 62.
Mrs., 62.
Walter, of Greenknowe, 62, 182, 187, 188.
Giffert, James, of Skeriffhall, 95. Gillandriston, lands of, 3, 83, 84, 146. Gilmure, Andrew, 156, 159.
Glammis, Lord, 14, S9, 92, 116, 170.
■ barony of, 41, 211.
Glasfoord, Andrew, 174. Glasfuird, Patrick, 170. Glasgow, 66, 73, 198.
Robert, Archbishop of, 92.
Gogar, 37. Gordon, Janet, 200.
Jean, 201.
John, of Cairnborrow, 201.
Patrick, of Fulziemont, 200.
of Kincraigie, 200.
Gotz, Gotlieb, 203. Gourlay, Agnes, 113.
John, in Elie, 179.
of Kincraig, 54.
Gourlaw, Thomas, 113, 170. Govane, Robert, Anderston, 199.
Gowrie, John, Earl of, 151.
Gozo, island of, 193.
Graham, Mr. George, of Inchbrakie, 26, 120, 124,
146.
James, 1S7.
— — Lilias, 190.
Marjory, 190.
Mungo, of Orchill and Rathernis, 190.
Gratue, Eatrick, of Inchbrakie, 19, 150, 190.
Patrick J. F., of Inchbrakie, 19.
Grandison, Viscount, 37.
Grange, lands of, 17, 49, 111, 207.
Gray, Andrew, Lord, 92, 112.
of Southfield, 74, 75, 149.
of Lour, 125.
Charles, merchant in Edinburgh, 191.
Harriet, 75.
John, solicitor, 75, 187.
■ W.S., 75.
Robert, 185.
Mr. Samuell, 122, 124.
Greg, Andrew, 103, 179. Greenrig, lands of, 203. Greenside, estate of, 205.
Over and Nether, 209.
Greyfriars' Churchyard, 43. Guildford, George, Earl of, 205. Guthrie, Alexander, of Kincaldrum, 23.
Mr. Alexander, 122.
Ensign David, 28.
Henry, of Hawkerton, 145.
James, 124.
John, of Hawkertoun, 21, 23, 110, 129, 145,
146. Guttoway, lands of, 209.
Haddington, 32, 50, 65, 74, 75, 184, 203, 207.
Haghie, Symon, 157, 159, 162.
Haitlie, Alexander, 154.
Halgreen, estate of, 202.
Haliday, Sir John, of Tulliboill, 113.
William, 113.
Halkheid, Sir James, 38.
Halliburton, Thomas, of Newmains, 203, 204.
Halyburton of Dirleton, 16.
Haltounfargis, 131, 209, 210.
Haltounhill, 130.
Hamer, Everilda, of Hamer, 70.
Hamilton, Agnes, 184.
Christian, 53.
George, of Grange, 51.
John, Lord, 155.
John, of Grange, 184, 185.
of Aikenhead, 196.
Mark, 125.
Robert, of Bathgate, 125.
■ Mr. Robert, minister at Moukland, 196.
William, Duke of, 56.
WiUiam, of Grange, 51.
of Wishaw, 46, 47, 57, 143, 144, 145.
Hammill, Robert, 193.
INDEX.
231
Hand, Frances Mary, 71.
'■ WilJiam, of Hartford, 71.
Hardie, Thomas, in Dasmill, 135, 213, 214. Harrowby, Frances, Countess of, 206. Hatton, William, ISO.
lands of, 26, 38, 57.
Hay, Mr. Francis, of Balhoussie, 220. Hay, Gilbert, Constable of Scotland, 84. Hay-Gordon, Adam, of Avochie, 80.
Anne M'Kerrell, SO.
Hay, Sir Jobn, 35.
of Easter Kennet, 113.
Richard, 124.
Hay, Robert, of Strowie, 34, 35, 130.
in parish, 141 .
William, 117.
Sir Nicholas de, 83.
Heagie, Margaret, 171.
Heltoun, lands of, 41, 209.
Henderson, Alexauder, in Wester Ballingall, 175.
John, 1S6.
Margaret, of Leaston, 60, 194.
Michael, of Croftmartine, 60, 194.
Henderson, Mr. William, 47, 95. Hepburn, Mr. John, 1S2. Herries, Agnes, 7. Hering, James, of Lethendy, 12.
of Tulybole, 89.
Heriot, David, 119.
Margaret, 38.
Hewgon, Robert, in Cassidewglie, 34. Hervey, Cecilia, 197.
■ ■ William, M.D., 197.
Hill, Rev. Alexander, D.D., Professor, 81.
Madeline, SI.
Hiltoun, lands of, 140.
Hirdman, Matthew, 171.
Hodgson, Rev. Francis, 70.
Hodgson, Mary, 70.
Holburne, Major-General, 32, 39, 40, 147.
Holland, 18.
Home, Beatrix, 36.
Home, Colonel, 29.
Home, David, minister at Dumbar, 101.
George, of Bassendean, 62.
Katherine, 62.
Hope, Charles, merchant in Edinburgh, 182.
John, Lord, 61.
Home, Hendrie, 34.
William, 34.
Horner, Mr. Leonard, 70. Homes, Andrew, 34. Houstoun, Harriet, 74.
Sir Patrick, of that Ilk, 74.
Mr. James, minister of Kirkliston, 61.
James, surgeon, 74.
Howden, Robert, Esq., 80. Howieson, Isobel, 111. Humbie, parish of, 60. Hume, Alexander, Lord, 92. Hunter, John, 1 1 0, 205.
Huntingdon, county of, 74. Huntly, Earl of, 200.
■ Marquis of, 201.
Hussey, Eleanor, 74.
Lieut.-General, 74.
Hussey, Vice-Admiral Sir Richard, 74.
Imrie, William, in Lastrine, 141.
India, 62, 80, 199.
Iuglis, Alexander, 10, S9, 114, 140, 170, 176, 177.
Katherine, 49, 50, 167, 168, 169, 171, 172.
James, of Nether Cramond, 119, 125.
John, 49, 169, 172.
Margaret, Lady of Colquhalzie, 190.
Patrick, of Byris, 118.
Inneruochty, lands of, 200. Innerteill, lands of, 114, 163. Invercauld, 5. Inveresk, 47, 191. Inverkeithing, 39, 40, 147. Inverness, county of, 63. Inverquhothill, barony of, 89. Inverury, 5.
Irland, Henry, in Strahenrie, 162. Ireland, John, 95.
2, 119, 132, 135, 165, 173, 190.
Irvine of Drum, 200, 201. Irving, Thomas, 131. Irwin, John, 89.
James i., 13.
II., 6, 9.
in., 9, 10.
vi., 19, 20, 93, 111.
Jameson, David, 170.
Jamesone, Thomas, 149.
Jamisone, John, in Dunfermline, ISO.
Jardine, Adam, of Greenhill, 57.
Jedburgh, Thomas, abbot of, 96, 150.
Johnston, Andrew, of Rennyhill, 195.
Johnesoun, Matilda, 9, 14, 15, 92, 93, 94, 95.
David, D.D., minister of North Leith, 61,
182, 187.
Dr., 67.
Mrs. Elizabeth, 61.
Helen, 61.
John, minister of Arngask, 61.
in Cultmalundie, 131.
Mr., of Lathrisk, 45, 47.
Rachel, 195.
Stephen, 3.
Johnstone, Sir Archibald, 33.
Elizabeth, 207.
Sir John, 33.
Joseph, Lucy, 79.
Richard, merchant in London, 79.
Kae, James, 117.
Keir, Laurence, of Nether Colcuquhair, 130.
Thomas, 91.
Keirprone, lands of, 163.
232
INDEX.
Keith, Robert, 84, 88.
William, 88, 1S3.
Kellie, Earl of, 19, 127.
Kelso, William, of Dankeith, 59, 181.
town of, 62.
Keimoway, parish of, 76.
Kent, county, 78.
Kenyon, Hon. William Trevor, 80.
Ker, Andrew, of Phemyhirst, 149, 150.
George, 150.
■ John, 100, 162.
■ William, 149, 150.
Kernecrose, William, of Balmachonuer, 116. Kerr, Jean, 60.
Sir John, of Lochtour, 60.
William, of Cherrytrees, 60.
Kew Green, 19.
Kibble, James, of Whitford, 198. Kilgour, Robert, in Pitcaney, 157. Kilmarnock, barony of, 3. Kilquhis, lands of, 135, 213, 214.
Wester, 136, 214.
Kinbothe, John, 102.
Kincardineshire, 201, 202.
Kincraig, laird of, 166.
Kinfauns, parish of, 35.
Kinghorn, John, Earl of, 50, 114, 170, 211.
parish of, 14, 49, 52, 93, 94, 110, 125, 163,
167, 171,173.
Easter, 50, 53, 117, 168, 175.
Patrick, Earl of, 170.
Kinglassie, 1, 20, 52, 59, 14S, 155, 161, 165, 177,
180. Kingsmuir, 26, 125, 126, 127. Kinloch, lands of, 135, 213.
Easter, 135.
John, 157.
Kinloss, John, 52, 20S. Kinros, Mr. Harie, 110. Kinross, county of, 60, 163. Kinstair, laird of, 200. Kintillo, William, 34.
land of, 56.
Kippo, 41.
Kirkcaldy, 46, 56, 103, 150, 161, 207.
Sir William, of Grange, 21, 100, 149, 150.
Kirkcudbright, 7, 77, 79.
Kirkmaiden, parish of, 192.
Kirkness, barony of, 49, 55, 152, 155, 177.
Kirknewtou, 57, 69.
Kirkpatrick, John, 146.
Thomas, of Closeburn, 146.
Kirktoun, 143.
Kirkwood, Gilbert, of Pilrig, 125.
Kirriemuir, 97.
Kisson, Janet, IS.
Mr., merchant in Dantzic, 18.
Knobelsdorff, Pauline, Baroness, 77. Knockespock, lands in, 5. Knocknarry, 88. Knox, Joseph, 174.
Kynballoch, 9.
Kyninmonth, John, Bishop of Brechin, 84.
Kynnymonth, Colonel, 28.
Kyntor, Elizabeth, 5.
■ Willelmus, 5.
Lame, Alexander, 162.
Lambert, General, 33, 39, 40, 41.
Lamberton, William, Bishop of St. Andrews, 84.
Lamont, Mr. John, 39, 43, 53, 54, 57.
Lanark, Earl of, 27.
county of, 81, 198, 203, 207.
Lancaster, county of, 70, 71, 76. Langdale, Sir Marmaduke, 30. Langton, 113.
Largo, parish of, 75, 77, 78. Lauder, Bishop, 14.
Ludovick, of Adieston, 125.
parish of, 192.
Robert, of the Bass, 10.
Thomas, 12.
Lauderdale, Earl of, 193. Lauriston, 65, 67, 70, 187, 188. Law, Agnes, 195.
Christian, 114.
George, of Brunton, 195.
Isabel, 195.
La wick, Thomas, 117. Lawtie, Adam, 154. Le Neve, IS. Learmonth, John, 169. Leburn of Pitlochie, 47. Lerlhuss, Adam, 87. Ledintoseach, lands of, 2. Leitch, John, in Couvie, 170. Leith, Mr. Forbes, 7.
Links, 29, 39, 43, 61, 68, 7S, 119, 147.
Lennox and Richmond, Duke of, 27.
Regent, 200.
Earldom of, 21.
Leslie, Alexander, 133, 138.
Charles, 185.
Sir John, of Newtoun, 176, 177.
Major-General, 67.
General, Earl of Leven, 26, 27, 32, 37, 38,
147.
Isabella Fanny, 67.
parish of, 14.
Lesley, John, of Birckhill, 27.
Leth, William, burgess of Aberdeen, S6, S7.
Leukauos, Eberhard von, 77.
Lichtoun, Walter de, 199.
Liddell, George, in Fitimount, 156.
Lile, Robert, Lord, 92.
Liudores, lands of, 17.
Patrick, Lord, 110, 111, 112.
Lindsay, Catherine, 24, 120, 146.
Mr. David, minister of Forfar, 117.
David, Lord Balcarres, 26, 122, 123, 124,
128, 129, 130. Isobel, 42.
INDEX.
233
Lindsay, James, of Dowhill, 15S.
Janet, of Dowhill, 52.
Sir John, of Balinscho, 24, 146.
Mr. John, of Balcarres, 24, 140.
Margaret, 162.
Mary Butler, 76.
Patrick, Lord of the Byres, 43.
. Hon. Robert, of Balcarres, 76, 120, 124,
129, 130
Mr. Robert, 26.
William, canon of Glasgow, 2, 83.
Linlithgow, county of, 51, 58, 59, 60, 61, 18S,
190. Litlejohn, James, 173, 176, 178, 179.
■ John, 179, 220.
Liverpool, 71, 78, 79. Livingstone of East Wemyss, 92. Lochburn, 135, 136, 213. Lochellbank, 47. Lochrig, lands of, 203. Loehurie, 135. Logan, Catherine, 207.
John, of Bonnyton, 207.
■ Peter, in Aberargie, 102.
Logie, Sir John de, 3.
London, 29, 66-6S, 76-79, 87, 146, 201-205.
Longforgan, parish of, 35.
Lothian, Earl of, .38.
Marquess of, 75.
Lorimer, James, of Kellyfleld, 69. Loudon, Earl of, 43. Low, Adam, 47.
David, 47.
Lucklaw, Alexander, in Cupar, 170, 179.
David, 170.
Luiklow, James, 179. Lumquhatmillne, lands of, 136, 214. Lumnuhat, 136, 138, 139,214, 216. Lumsden, Jean, 200.
Margaret, 20.
Thomas, parson of Kinkell, 165.
Thomas, 105.
William, 149.
Lundin, Andrew, 195.
Anne, 195.
Christopher, of Auchtermairnie, 75, 195.
David, of Newhall and Auchtermairny, 195.
Elizabeth, 75, 195.
Euphemia, 76, 195.
Sir James, 195.
James, of Auchtermairny, 195.
John, of that Ilk, 52, 195.
of Auchtermairny, 195.
■ Richard, of Auchtermairny, 195.
Lundie, Alexander, of Conland, 151. Lundin, Robert, of Balgonie, 20.
of Newhall and Auchtermairny, 195.
William, of that Ilk, 195.
lands of, 52.
Lundy, Andrew, of Cairn, 172.
■ of Carrie, 20, 45, 140, 145, 178, 179.
Lundy, Andrew, of Conland, 20, 100, 101, 110, 130, 146, 155, 161, 163, 165, 167, 220.
barouy of, 5, 165, 166.
David, 165, 167, 176, 177.
— . — George, of Gorthy, 118.
John, of that Ilk, 165.
■ of Conland, 169.
Lycett, Fanny, SO.
William Edmund, 80.
Lyall, Margaret, 116.
Lyell, James, 23.
Lyon, 7.
■ Register, 18, 19.
Sir Thomas, of Auldbar, 22, 23, 24, 125, 126,
127.
Lyouu, John, 3, So, S9.
MacAlexandek, Fergus, M.A., 196. M'Ara, Mr., 34.
M'Beath, James, in Dunfermline, ISO. Macbrair, Alexander, 66, 185, 1S7. M'Call, James, of Braehead, 198.
Mary, 198.
M'Douall, John, of Logan, 192. M'Dowall, Archibald, 1S5. M'Kwiug, John, in Coiidocloich, 34. M'Fie, Major, 74. M'Gill, Mr. Alexauder, 149. Macgill, James, 172, 178, 194.
Johanna, 52, 167.
Laurence, 119.
Lilias, 52, 54, 165, 194.
of Rankeillor, 25, 52-55, 172, 176, 177.
M'Gregour, Mr., 34.
Macias, Juan, merchant, 74.
Maekaile, Mr. Matthew, 56.
Mackenzie, Mr. George, 179.
Mackenzie, Sir John, of Tarbat, 20, 115, 169.
M'Kenzic, William, 187.
M'Kerrell, Agnes, 196, 198.
Anna, 196.
Anne, 79, 19S.
Archibald, of Auldmuir, 197.
Augusta-Jane, 198.
■ Augustus de Segur, 19S.
Barbara, 196.
Elizabeth, 196, 197.
Emily Charlotte Thcodoria, 198.
Fulton, 198.
Georgiana Louisa Margaret, 19S.
Henrietta Eliza Cathcart, 19S.
Henry, SI, 198.
James, 196, 198.
Jane, 19S.
Janet, 198.
Jean, 196, 197.
Johanna, SI.
John, 81, 196, 197, 19S.
Letitia Augusta Sarah, 198.
Margaret, 196, 198.
Marion, 198.
2 34
INDEX.
M'Kerrell, Martin, 196. Mary, 198.
Ralph Staveley, 198.
■ Reginald V Estrange, 19S.
Robert, 196, 198.
Robert M., 198.
Sarah, 196, 198.
William of Hillhouse, SI, 196, 197, 198.
Colonel, 79, 196.
MacLean of Dowart, 40.
Maclean, Sir Hector, 40.
Maclean, Mrs., of Torloisk, 195.
Macmillan, Thomas, of Shorthope, 192.
Macmillan-Scott, Walter, 192.
Macnanght, John, 114.
Maidment, Mr. James, 5S.
Mailuile, Katherine, 9S.
Makcalzeoun, Mr. Thomas, 100.
Malherb, Gilbert, 3.
Malweill, James, of Brunt-iland, 27.
Mamewlacht, lands of, 200.
Manor, parish of, 6S.
Mar, Sir David de, 3.
. Donald, Earl of, 2-4, 83.
Earl of, 201,
■ John, Earl of, 26, 88, 120, 126.
Mistress of, 117.
Robert, Earl of, 4.
Margreve, Duncan, 87. Marischal, William, Earl, 190.
Earl, 27.
George, Earl, ] 55.
Markinch, parish of, 8. Marshall, Frederica Juliana, 203.
Thomas, 203.
Mr. Walter, 187.
Martine, Alexander, 131. Martin, George, 117.
James, Provost of St. Salvator's College,
117.
Martine, Patrick, of Newmylne, 131.
Mary, Queen of Scots, 1.
Mason, John, 1S7.
Mastertoun, Alexander, of Mastertoun-Beath. 17.
■ of Easter Baltheidlokis, 100.
Maxton, Patrick, of Cultuquhay, 118. Maxwell, Alexander, 125. Maxwell, Sir John, ] 99. Mayen, SO. Meigle, 36.
Meikleflet, lands of, 209. Meikleour, lands of, 125, 126. Meldrum, David, 180.
Henrie, in Eister Balbartan, 122.
Mitchell, 102, 109, 114.
Michael, 157, 160.
Robert, 102, 109, 156.
Mellon, Harriet, 206.
Mr. Matthew, 206.
Melrose, parish of, 71, 1S9.
Melville, James, of Hallhill, 26, 120, 124, 130.
Melville, James, 57, 179, 207.
first Earl of, 20.
Janet, 17.
John, Lord, 20.
Sir John, 116.
Katherine, 16, 17, 194.
Thomas, vicar of Dunbog, 17.
Menteith, Elizabeth, of Ruskie, 21.
of Kerse, 16, 98.
Menzies, Robert, in Buchanty, 131. Mercer, Henry, of Kynnerd, 151, 152.
James, of Clevage, 112.
Laurence, of Meikleour, 112, 151, 152.
Merschell, Alexander, 220.
Merstoun, Jane, 63.
Mertoun, David, 114.
Methie, lands of, 125, 126.
Methven, Mr. David, of Craigtoun, 178.
Michael, St., 2.
Middleton, George, 205.
General, 29, 30, 31, 32, 37.
Midlairis, 101. Midmar, Baron of, 8. Migmar, barony of, 5. Millar, David, 174. Miller, Jonet, 174.
William C, 193.
Miln, Margaret, 162. Mitchell, Mr. Alexander, 204.
Hugh, of Kinearroquhie, 131.
Margaret, 204.
Michelson, William, 171.
Moffat, 80.
Moir, Thomas, in Aberargie, 151.
Monaltrie, 5.
Moncrieff, Alexander, 131.
David, of Tibbermalloc, 151.
Elizabeth, 17.
George, of Reidie, 172.
Hew, in Hiltoun, 117.
in Kyntullo, 151.
Sir John, 17.
John, of Easter Moncrieff, 118.
of Crocehills, 172.
Malcolm, 117.
William, of that Ilk, 111, 151, 152.
of Tibbermallo, 118.
of Kildeismylne, 131.
Moncur, Andrew, of that Ilk, 118, 127, 158.
Monedy, parish of, 115.
Monimaill, church of, 43, 58.
Monipenny, Mr. David, 117.
Monteith, William, of Randiford, 208.
Montgomerie, Sir James, of Skelmorlie, 57.
Sir Robert, of Skelmorlie, 43, 44, 46, 141,
143.
Robert, of Haslehead, 142.
Montrose, William, Earl of, 19, 29, 147, 190,201,
202, 204. Morgall, Bessie, 103. Morice, Robert, of Craigend, Auldmuir, 197.
INDEX.
235
Morries, Captain Andrew, 73.
John Davie, 73.
John, of Kirkcaldy, 174.
Morthington, Agnes de, 3, 83.
Sir Peter de, 3, 83.
Mortimer, William, 119, 174. Morton, James, Earl of, 15, 96.
• John, Earl of, 93-97.
Jean, 1S6.
William, Earl of, 97, 127, 130.
Mortoun, Thomas, in Waltoun, 175.
Mosman, Bessie, 165.
Moubray, Arabella, 74.
■ John, of Barnebowgall, 98.
Lieut. -Colonel Sir Robert, 74.
B.obert, of Cockairny, 74.
Thomas, of Barnbougal, 17.
Mounale, Agatha, 193.
Mowat, Margaret, 114. Muir, John, 140. Muiravonside, parish of, 62, 66. Muirtown, 18, 113. Mukkersy, lands of, 92. Munro, General, 29. Murdoch, Janet, 184. Mure, Captain, 200.
Jean, Countess of Glasgow, 43, 197.
William, of Rowallan, 43, 142, 197.
Murehed, Richard, 92.
Murray, Alexander, of Wodend, 118.
Sir Andrew, of Arngask, 19, 41, 103, 106,
128.
Catherine, 19, 111.
David of Balgonie, 41, 103-106.
of Linhill, 118.
David, in Eddradoll, 131.
of Little Benaehie, 151.
George, 107.
Sir Gideon, of Elibank, 110.
Gilbert, 128.
Isobel, 41, 128, 160.
Sir James, 38.
John, of Tullibairdin, 106.
106.
of Tibbermuir, 51, 160, 161, 163.
of Philiphaugh, 65.
■ of Cowdoun, 131.
Lady Keith, of Ochtertyre, 61.
— - Margaret, 51, 52, 159, 160, 162, 165.
Sir Patrick, of Geanies, 19, 103, 106, 108,
112.
of Byn, 111, 118, 146.
Patrick, of Woodend, 130.
161, 163.
Peter, of Wester Cluthy, 111.
Robert, 110.
William, of Tullibardin, 118.
of Ochertyre, 118.
■ ■ of Cowdoun, 107.
of Newton, 125.
128.
Muschet, David, of Spittletoun, 131.
of Calzechatt, 131.
■ Mr. George, minister at Donyng, 112.
Musselburgh, 7, 37, 191, 203.
Muthill, parish of, 72, 189.
Myln, Abbot of Cambuskeuneth, 1, 8, 9, 10, 12,
97, 146. Mylne, Richard, in Balniedie, 179.
Napier, Janet, 21.
John, of Merchistoun, 21.
William, of Wright's Houses, 119, 125.
Naphe, John, of Mathie, 116.
Naples, 204.
Nasmyth, Thomas, 130.
Nassau, 7.
Neiving, John, 112.
Neving, David, 103.
Nevyne, Andrew, 100.
Newburn, parish of, 75, 77, 79.
Newcastle, 28, 29, 147.
Newgrange, 117.
Newlands, 208.
Newton, estate of, 208.
Newtyle, 37.
Nicholson, James, of Trabroun, 192.
John, 19, 103, 106, 110, 157.
Nicoll, John, W.S., 39. Nisbet, Lieutenant Robert, 196.
William, 154.
Notton, Henry, 71. Norie, Alexander, 175. Normann, Baroness de, 195. North, Lord, 205. North, Susan, Baroness, 205. North Waird, estate of, 208. Northampton, Marchioness of, 195. Nory, Thomas, 4, 85, 86. Notton, Elizabeth Ellen, 71.
Ochteecotjll, lands of, 200. Ogilby, Alexander, of Arnetibir, 89.
Thomas, 88, 89.
Ogilvie, Frances, of Newgrange, 122, 124, 128, 129.
James, of Lawes, 97.
John, of Alyth, 16, 97.
of that Ilk, 111.
Patrick de, 5, 6.
of Inchmertain, 118.
Thomas, 3S.
Sir Walter de, 199.
Ogilvy, Alexander, Sheriff of Angus, 5.
of Clovay, 97.
■ Sir David, 37.
Oliphant, George, of Bachilton, 111, 112.
James, 174.
Jean, 190.
John, 41, 119, 140, 145, 176, 177.
Laurence, of Condie, 62, 176, 177.
Mr. Lawrence, advocate, 129, 131, 162.
236
INDEX.
Oliphant, George, of Williamstoun, 151.
of Gask, 190.
Thomas, of Hilcairnie, 170.
William, of Pitloohie, 26, 120, 124.
of Newton, 112.
of Gask, 21, 118, 122-124, 129,
151, 152, 162.
of Balgouny, 130, 131, 140.
Olyfant, Lord, 14.
Orkney, Adam, Bishop of, 170.
George, Bishop of, 19.
Orme, George, of Newbarne, 178.
Henry, of Mugdrum, 21.
Mr. James, 124.
Ormiskirk, William, 86. Ormiston, John, 187. Orrock, Henry, 180. Orok, John, 176, 177. Orwell, 17, 60. Ontario, 76.
Pairson, Gileert, cf Kynneir, 170.
Pall Mall, 19.
Pareis, lands of, 41, 130, 210.
Paris, 9.
Parish, John, Baron Seftenberg, 62.
Park, Margaret, 21.
Paterson, Enphemia, 193.
Paterson, John, 199.
■ Margaret Cochrane, 199.
Robert, of Dynmure, 176, 177.
Stevin, 176, 177.
Paton, Mr. Stephen, of Newlands, 60.
Patonson, John, 90.
Pattison, John, advocate, 73.
Patullo, Charlotte, 199.
Paxton, Adam de, 3, 85.
Peagrim, John, of Knightsbridge, 205.
— ,— Mary, 205.
Peblis, Alexander, of Polhill, 158.
Peebles, county of, 68, 69.
Oliver, of Chapelhill, 151.
Pennell, William, 1 97.
Seraphiua, 197.
Penney, Hon. William (Lord Kinloch), 61.
Pennyeuk, John, of Strahichy, 89.
Perrin, Henry Eugene, 79.
Perth, 3, 9, 14-19, 24, 26, etc.
Perys, William, 87.
Petlyale, lands of, 5.
Philiphaugh, 31.
Pinkie, 21.
Pitblea, lands of, 209.
Pitcairn, Andrew, of Innernethie, 3S, 118.
Pitcarne, James, of Innernethie, 172.
Margaret, 17, 111.
William, of that Ilk, 176, 177.
Pitcurrens, lands of, 209. Pitkenny, 18, 113. Pitlair, lands of, 46, 143. Pitlochie, 21, 46, 143.
146,
Pitlochie, Nether, Philip of, 47. Pitrudie, lands of, 209. Pitscottie, Colonel, 36. Pitteuchar, 49, 52. Pittilloch, Robert, 6. Pittrenchie, 38, 208. Poland, 19, 201. Portincrag, Fery of, 90. Portland, Duke of, 198. Portmoak, parish of, 14. Preston, Sir Michael, 113.
Richard, 208.
Prestons, 49. Primrose, Helen, 112.
Mary, 52.
Pringle, James, 180.
Walter, of Greenknowe, 62.
Proctor, Dr., South Carolina, 74. Prout, Eliza, 76. ■ Evans, 76.
QUEENSBERRT, JAMES, EARL OF, 31.
Quhyte. See Whyte.
Radnor, Earl of, 62. Rae, James, 1S5.
John, 63, 182.
Ramsay, Sir Alexander, of Balmain, 204.
Allan, 204.
■ Sir David, of Balmain, Bart., 201.
Sir John, 1 1.
Robert, 204.
Rane, Reginald de, 2. Ratho, parish of, 68. Rattray, Grizel, 9, 92.
Lady, 13.
Sir John, 9, 92.
Patrick, 9.
Rawdon, Henry Greenwood, M.D., 70.
Rev. James Hamer, 71.
Joshua, of Babington, '70.
Rayne, 4.
Reach, James, 185
Reid, Elizabeth M'Kerrell, 198.
Colonel John, 198.
■ Bobert, of Adamton, 198, 199.
Reidhall, barony of, 97. Reidhangh, Agnes, 190. Reidwalls, lands of, 56, 179. Renfrew, 197. Renny, Elizabeth Agnes, 79.
Marion, 202.
William, of Daneville, 79.
Restennoth, Priory of, 16, 122, 126, 150. Reuss Kbstritz, Henry, Prince of, 198. Bhind, Charles, 187. Richardson, William, 185. Robert I., 2, 3, 84. Robert II., 3. Robert in., 1S9. Robertson, 205.
INDEX.
237
Robertson's Close, ]4.
Koden, Dowager-Countess of, 70.
Roger, William, 196.
Rolland, William, 114.
Rollo, Andrew, Lord, 190.
Jean, 190.
John, of Powliouse, 190.
Rollok, Andro, of Uuncrub, 97, 98.
Rome, 9, 10, 193.
Roos, John de, 3, 85.
Ross, county of, 19.
Eliza, 62.
Harriet, 62.
Horatio Nelson, M.P., 62.
James, Duke of, 8, 14.
John, 5.
of Craigie, 151, 152.
of Troweir, 196.
Nicol, of Auchlosseu, 200.
Rossie, lands of, 128, 135, 136, 138, 213-219.
Eossyth, Wester, estate of, 49, 207.
Rothes, Margaret, Countess of, 174.
Rotmase, lands of, 2. Rotterdam, 59, 205. Row, Mr. William, 24, 117. Roxburgh, 32, 60, 70, 191, 193.
Earl of, 29.
Roy, Mr., 34. Russel, John, 63, 186.
Margaret, 63, 181, 182, 185, 186.
Russell, Euphemia, 196.
Mr. William, minister at Kilbirnie, 196.
Rutherford, John, of Navity, 180. Ruthven, Cecilia, daughter of Lord, 51.
Sir Thomas, of Freelaud, 32.
William, Lord, 51, 206.
of Freelaud, 118.
Rylla, lands of, 179. Ryud, Nicolas, 119. Rynd, Mr. Patrick, minister of Dron, 112.
Saltoun, Alexander, Lord, 63. Sanctis, Luigi de, D.D. 193. Sandelands, Isabella, 103. Sandford, Sir Daniel, M.P., 62.
Sir Francis, 62.
Sir Herbert Bruce, 62.
Sandilands, William, of St. Monance, 158, 170. Sauchie, Shaw of, 146, 156, 160, 167.
James, 1S5.
Saulemane, Patrik, S9. Sauveterre, 6. Schaw, James, 110.
John, of Broiehe, 110.
William, Provost of Abernethy, 16, 97, 98,
110.
of Lethangie, 178.
Scherar, Mr. Duncan, 5.
William, of Aberdeen, 5.
Scheves, William, Archbishop, 10. Scone, 4, 111.
183.
165.
Scone, David, Lord, 111, 112.
Scot, Colonel, 32, 39, 40.
Scott, Agnes, 52, 160, 161, 162, 165-167.
Alexander, merchant in Edinburgh, 191.
Alison, 16.
■ Anna, 42, 44, 131, 135, 141, 214-217.
Scott, Elizabeth, 16.
George, 16, 155, 162, 163.
Dr. Hew, 59.
Lady Isabella, 71.
James, 10.
of Balwerie, 160, 161.
Sir James, of Rossie, 39, 41-45, 131, 132,
135-145, 194, 20S, 213-220.
Jean, 191.
John, 16.
Margaret, 1 6.
Mary, 39, 42, 43, 131, 132, 135, 137-145,
194, 20S-220.
Michael, 16.
Mr., at Gothenburg,
Thomas, 154.
Walter, of Bandera,
Walter, 162.
Sir Walter, 38, 203.
Mr. William, of Grangemure, 155.
Sir William, of Balwerie, 15, 42, 52, 146.
Scotland, Helene, 34.
Scottiscraige, 3S.
Serimgeour, Helen, 163.
Scrimgeor, James, of Myres, 135, 213.
Scrymgeour, Patrick, of Tealing, 202.
Seafield, lands of, 52, 114, 167.
Seaton, John, of Lawtrick, 140.
Segur, Comte de, 19S.
Selkirk, 32, 6S, 192.
Sempill, William, Lord, 92.
Seton, Alexander, 8.
Christian, 54.
family of, 8.
Sextus IV., 9.
Sharp, Margaret, 179.
Shaw, Alexauder, of Sauchie, 167.
■ John, of Dalwyne, 196.
Shear, Alexander, 96.
Elizabeth, 16, 96.
John, 96.
Sheills, lands of, 143.
Patrick, writer in Edinburgh, 1S4.
Violet, 184.
Sheppard, Louisa, 69.
Peter, merchant, Quebec, 69.
Shoner, Mr. James, of Caskieberrian, 54.
Robert, of Caskieberrian, 54.
Shortreed, Helen Mary Echlin, 70.
Isabella Frances, 70.
Ivatherine M. G, 70.
Lieutenant-Colonel Pringle, 70.
Robert, 70.
Shultz, Miss, of Frankfort, 198.
Sibbald, Sir David, of Rankeillor, 176, 177.
2 H
238
INDEX.
Sibbald, Sir Robert, of Kipps, 56, 58.
Robert, in Skeddowie, 170.
Sir Thomas, of Balgonie, 92.
Simsone, William, 141.
Sinclair, Lieutenant-Colonel Henry, 28.
' Sir John, 75.
William, Bishop of Dunkeld, 84.
Skene, Audrow, of Aughtertule, 27.
Mr. John, 155, 163.
Slingsby, Charles, of Redhouse, 145.
Sir Francis, 145.
Mary, 145.
Small, George, of Forderance, 117. Smith, Alexander, in Dunfermline, 180.
■ Donald, 198.
Smyth, John, 113.
Patrick, of Braco, 113.
Richard, 195. .
William, 149.
Softelaw, John de, 4, 86. Southesk, Countess of, 25.
Earl of, 190.
Somerville, Alison, 192.'
Anne, 192.
Anthony, 193.
Elizabeth, 193.
George, of Airhouse, 192.
193.
Helen, 193.
Hugh, of Drum, 119, 125.
James, of Airhouse, 73, 192, 193.
James, 193.
John, 192.
Margaret, 192.
■ Marion, 193.
Martha, 193.
Robert, 193.
William, 73, 193.
■ Mary (Lady Torphichen), 59.
Soulis, Lord, 3, 146.
Spain, 10.
Sparo, General, 193.
Maria, 193.
Spence, Mr. James, minister at Tulliallan, 20.
174.
Spens, Janet, 16, 97, 98.
John, of Condy, 16, 97, 98, 100, 146.
Marion, 16, 97, 98.
Spotswode, Sir Robert, 122.
Sprott, William, 185.
Sprowle, Mr. Andrew, 65.
St. Albans, Aubrey, Duke of, 206.
Duchess of, 206.
St. Andrews, 9, 12, 30, 41, 59, 128, 150, 154, 164,
178. . — — Archbishop of, 8.
Patrick, Archbishop of, 25.
St. Anne, church of, 11. St. Brydiswell, 136, 214. St. Cuthbert's, 5S, 60, 77, 194. St. James, church of, 10.
St. Katherine, chapel of, 11.
St. Leonard's College, 49, 162, 178.
St. Mary, altar of, 11.
St. Michael, altar of, 2, 83.
St. Petersburg, 66, 67, 185, 18S.
St. Salvator, College of, 9.
St. Servanus, church of, 11, 49.
Island of, 152.
St. Thomas, land, 136. Stalker, John, of Dry law, 119. Starkie, Susan, 205. Staveley, Emily Pauliue, 198. ■
Major-General William, 198.
Steel, James, 187.
Stephen, John, merchant in Leith, 203, 204.
Steven, Alexander, 149.
Stevens, T. O., of Obern Hill, 76.
Sarah, 76.
Stewart, Archibald, of William wood, 197.
■ Helen, 197.
Henry, 43.
Sir James, of Goodtrees, 43.
John, of Sticks, 9.
119.
Robert, 12S.
of Halton, 151, 152.
Thomas, of Grantully, 118.
■ William, 29.
Sterling, Williame, 23, 116.
Stirling, 39, 40, 62, 92, 101, 110, 191, 208.
Mr. John, minister of Edinburgh, 43.
Margaret Douglas, '74.
• Mary Wedderburn, 73.
Patrick, of Kippendavie, 73.
Robert, in Pittencrieff, 180.
• William, Earl of, 207.
Stodart, David Riddle, W.S., 69.
Hannah, 69.
■ Henrietta Mary, 70.
Marion, 117.
John Riddle, 69, 185, 188.
Robert, of Kailzie, 69.
Riddle, 69.
Stormont, David, Viscount, 19.
Stothert, Rev. Thomas, Lumphauan, 176, 195.
William, of Cargen, 76.
Strachan, 205.
Strageath, of that Ilk, 190.
Straiton, Arthur, of Kirkside, 67.
Jean, 67.
Strang, George, 100.
Richard, 100.
Strathearn, Countess of, 3, 146. Strathmiglo, parish of, 46, 88. Strathurde, barony of, 118, 125. Stratouu, Arthur, 12S.
Stuart, Lord Dudley Coutts, 206.
Sir James, 34.
Jean, 184, 204.
Steuart, Sir John, of Allanbank, 204, 205. Stuart, Sir Lues, 122.
INDEX.
239
Sutherland, Duchess of, 20.
John, 187.
Swanstoun, lands of, 97.
Sweden, Gustavus Adolphus of, 42.
Swinton,- Sir Alexander, of Mersington, 72, 190.
of Swinton, 72.
Katherine, 72, 190.
Sword, James, 3S. Swyn, Johne, 162. Swyne, William, 160. Sym, Alexander, 100. Syme, Mr. William, 131, 162. Sympson, Andrew, 172. Symsone, Janet, 34. Symsoun, George, 23. Sydserf, Archibald, 31.
Takbat, George, Viscount, 47. Tarbet, James, 97. Taylor, Captain John, 203.
WiUiam, 192.
Terpersie, lands of, 2, 3, 14. Thomson, Andrew, 117.
John, 180.
Ninian, in Cairney, 131.
William, of Newtoun, 172.
Tippermuir, 11.
Tod, Agnes, 191.
Archibald, 191.
Charles, of Wholeflatt, 73, 191.
■ David, in Craigsyde, 157.
— — Elizabeth, 191.
George, 162.
Helen, 191.
James, 156, 157, 160.
Janet, 191.
John, merchant, 61, 182.
. of Kirklands, 73, 191.
Tod, Margaret, 191.
Marion, 73, 111, 191.
■ Mrs. May, 189.
Mrs., 61,
Oliver, 191.
Robert, merchant, 73, 191.
Robina, 191.
Thomas, 191.
merchant, 191.
William, bailie, 191.
Torlindie, lands of, 209.
Torphichen, James, tenth Lord, 74.
Torwood, 40.
Tonraine, 7.
Traquair, parish of, 69.
Trieste, 193.
Tripoli, 193.
Trotter, Archibald, 204.
Tullibardine, James, Earl of, 131.
Turin, 205.
Turner, Sir James, 32.
Tweedie, Alexander, M.D„ 67, 185.
Alexander G., 67.
Tweedie, David, 68.
Hannah, 68.
George S., 68.
Tynmowthe Scheils, 28, 147. Tynynghame, 9, 10. Tyrie, lands of, 112, 114.
Urchany, Patrick, Lord, 98. TJnifraville, Robert de, 4, 87, 88. ■
Vander-Leyden, Jane, 202. Vanss, Lieutenant, 146. Vaux, Mary, 197. Villeneuve, Marquis de, 37. Vint,. Anne, 192.
William, 192.
Vogt, Gabriel G.,.Dantzic, 203.
Waddell, George, of Balquhatston, 207. Waird, lands of, 125, 126. Waldeck, royal "family of, 198. Walker, David, of Daftmylne, 172.
George, 169.
— — Rev. Robert, Canongate, 63, 1S2.
Robert, 181.
Misses, of Pitlair, 47.
William, 185.
Wallace, Sir Duncan, 4, 88.
Elizabeth, 196.
Jean, 196.
Robert, M.A., 196.
— '■ — Sir William, Baronet, of Lochryau, 47. Wardlavv, Adam Low, 47.
Henry, 155, 157.
Colonel James, 28.
Captain John, 47.
Wardrope, Andrew, 182. Watherstoun, family of, 192.
Marion, 192.
Watson, Alexander, 119.
George, merchant, 65, 187.
James, 64, 184.
John, writer, 63, 185.
Margaret, 64, 184.
Samuel, 185, 187.
William, 65, 141, 184.
Wauchope, John, of Niddrie, 125. Weddersbie, barony of, 26, 38, 44, 46, 136,
143. Wellwood, James, in Northferry, ISO.
• John, 148.
William, of Seafield, 114.
of Touch, 148.
Wemyis, Gavin, of Wnthank, 170, 176-17S. Wemyss, Andrew, of Hatton, 38.
Sir David, of that Ilk, 51, 52, 57, 101.
David, of Fuclie, 170, 172, 176, 178.
David, of Balfarge, 172, 176, 178.
Henry, of Fudie, 51, 52, 55, 163, 164.
James, 18, 113.
Jean, 52.
141,
240
INDEX.
Wemyss, Patrick, of Gladnie, 179.
Weymes, John, 178.
Wyems, Robert, 172.
Westergrass, lands of, 50.
Whyte, Christiane, 34
John, of Easter Lumbanie, 17, 98.
Robert, of Bannatfield, 16, 17, 9S.
William, 119.
Whytfield, 136. Wigtown, 47, 192. Wilkie, James, 154.
Mr. John, minister of TTphall, 60.
- Mr. Robert, 49, 152.
Williamson, Mr. David, 58, 60, 67, 77, 194.
Elizabeth, 60, 77, 194.
Joseph, 66, 182, 183.
Willoughby, Antonia, 41-47, 55, 128, 131, 132, 135-137, 208, 215, 216, 219, 220.
Sir Francis, 41, 145.
Francis, 145.
Willoughby d'Eresby, Baroness, 195. Wilson, Adam, 117.
Wilson, James, 102, 109, 160, 102, 165.
William, W.S., 184.
Winram, Robert, 208. Wonrame, Robert, 15S. Woodhead, Anthony, 1S5.
lauds of, 46, 56, 143.
Wright, John Edward, 198, 199. Wyllie, John, 131. Wvth, Malcolm, 87.
Yoke Castle, 2S.
county, 68, 71, 145, 147, 198, 199.
Young, Andrew, 57.
Edward, 185.
Katherine, 57.
Young, John, of Redhouse, 125.
in Middilrig, 161.
Oliver, US, 151, 15S.
Robert, 89.
Thomas, 184.
Violet, 184.
printed'by t. and a. constable, printers to her majesty, at the edinburgh university press.
Wmmm
vsm
nHT
SJSnFs
S8B
Mfeft
>-,; »+;»>>
m
«Sfia
■^■■.,:'.^'.V;>;-4:>.i»#yV-'r
■'■ BBS
Hal
'''•' '•
•;V-
|
. gjK |
-,'.' ■■/,j |
|||
|
MB , |
'r. 9 3 |
'.■■■' '-^'. |
||
|
Q ■'>->;' |
.> - |
H |
*$55£ss |
. ..'V./r-N; |
|
" " ! -0 |
3v/!v |
: ,;,"; *m ;•• |
.'.'S;,-/'!' |
«*Bs»ftffiP
Hfl^HflHH
'W^^t^wSi"!
■>■•''■•